BLO UMPAR ADIONG, petitioner, vs. COMMISSION ON ELECTIONS, respondent.

G.R. No. 103956, March 31, 1992

FACTS:

Petitioner Blo Umpar Adiong, a senatorial candidate in the May 11, 1992 elections

assails the COMELEC's Resolution insofar as it prohibits the posting of decals and stickers in

"mobile" places like cars and other moving vehicles.

ISSUE:

Whether or not COMELEC may prohibit posting of decals and stickers on "mobile"

places, public or private, and limit their location or publication to the authorized posting areas

that it fixes.

RULING:

No. COMELEC's prohibition is null and void.

Under Article IX(c) section 4, the COMELEC during the election period is granted

regulatory powers vis-a-vis the conduct and manner of elections. However, a government

regulation is sufficiently justified if it is within the constitutional power of the Government, if it

furthers an important or substantial governmental interest; if the governmental interest is

unrelated to the suppression of free expression; and if the incidental restriction on alleged First

Amendment freedoms is no greater than is essential to the furtherance of that interest.

Posting of decals and stickers in mobile places does not endanger any substantial

government interest. There is no clear public interest threatened by such activity so as to justify

the curtailment of the cherished citizen's right of free speech and expression.

The constitutional objective to give a rich candidate and a poor candidate equal

opportunity to inform the electorate as regards their candidacies, mandated by Article II, Section

26 and Article XIII, section 1 in relation to Article IX (c) Section 4 of the Constitution, is not

impaired by posting decals and stickers on mobile places. Compared to the paramount interest of

the State in guaranteeing freedom of expression, any financial considerations behind the

regulation are of marginal significance.

This prohibition therefore becomes censorship.