GR No.

102653, March 5, 1992

National Press Club vs. COMELEC
- Bleizel D. Teodosio

Facts:

Petitioners assailed the validity of Section 11 (b), RA 6646 to wit:

Sec 11(b). Prohibited Forms of Election Propaganda. – xxx it shall be unlawful:

xxx” (b) for any newspaper, radio broadcasting or television station, or
other mass media, or any person making use of the mass media to sell
or to give free of charge print space or air time for campaign or other
political purposes except to the Commission as provided under Sections
90 and 92 of Batas Pambansa Blg. 881. Any mass media columnist,
commentator, announcement or personality who is a candidate for any
elective public office shall take a leave of absence from his work as such
during the campaign period.”

on the ground that it abridges the freedom of speech of candidates, and that the
suppression of media-based campaign or political propaganda except those
appearing in the COMELEC space of the newspapers and on COMELEC time of radio
and television broadcasts, would bring about a substantial reduction in the quantity or
volume of information concerning candidates and issues in the election thereby
curtailing and limiting the right of voters to information and opinion.

Issue:

Whether or not Sec 11(b), RA 6646 is unconstitutional

Ruling:

No. The COMELEC is authorized by the Constitution to supervise or regulate the

enjoyment or utilization of the franchises or permits for the operation of media of
communication and information. The fundamental purpose of such “supervision or
regulation” has been spelled out in the Constitution as the ensuring of “equal
opportunity, time, and space, and the right to reply,” as well as uniform and reasonable
rates of charges for the use of such media facilities, in connection with “public
information campaigns and forums among candidates.” Moreover, Sec 11(b), RA 6646
is in conformity with Article II, Section 26 of the Constitution which provides, "the State
shall guarantee equal access to opportunities for public service and prohibit political
dynasties as may be defined by law.”

What the COMELEC is authorized to supervise or regulate is the use by media of

information of their franchises or permits, while what Congress (not the COMELEC)
prohibits is the sale or donation of print space or air time for political ads.