Scribd
Upload
660 views

Sanidad Vs Comelec

Sanidad vs Comelec was a case where petitioner Pablito Sanidad, a newspaper columnist, challenged the constitutionality of Section 19 of COMELEC Resolution No. 2167. Section 19 prohibited expressing views for or against the Cordillera Autonomous Region Organic Act outside of Comelec-allocated airtime. Sanidad argued this was an unconstitutional restriction on freedom of the press. Comelec responded that the resolution was a valid exercise of its power to regulate media during elections. The court granted Sanidad's petition, declaring Section 19 null and void. It found the section had no statutory basis and amounted to an unjustified restriction on the right to free expression.

Uploaded by

Vaughn Jedry Garcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
660 views

Sanidad Vs Comelec

Sanidad vs Comelec was a case where petitioner Pablito Sanidad, a newspaper columnist, challenged the constitutionality of Section 19 of COMELEC Resolution No. 2167. Section 19 prohibited expressing views for or against the Cordillera Autonomous Region Organic Act outside of Comelec-allocated airtime. Sanidad argued this was an unconstitutional restriction on freedom of the press. Comelec responded that the resolution was a valid exercise of its power to regulate media during elections. The court granted Sanidad's petition, declaring Section 19 null and void. It found the section had no statutory basis and amounted to an unjustified restriction on the right to free expression.

Uploaded by

Vaughn Jedry Garcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

SanidadvsComelecAcaseDigest

PABLITO V. SANIDAD - petitioner; newspaper columnist of the "OVERVIEW" for the BAGUIO MIDLAND
COURIER, a weekly newspaper circulated in the City of Baguio and the Cordilleras
COMELEC - respondent; through its Solicitor- General
Type of petition filed: PETITION FOR CERTIORARI
ISSUE:
Whether Section 19 of COMELEC Resolution No. 2167 is constitutional or not.
FACTS:
COMELEC Resolution No. 2167 was promulgated due to the enacted RA No. 6766 (An Act Providing for an
Organic Act for the Cordillera Autonomous Region) last October 23, 1989, which paved for a call of a
plebescite fo its ratification (original schedule was reset from December 27, 1989 to January 30, 1990.
Allegations of Sanidad:
1.Unconsitutional as it it violates the constitutional guarantees of the freedom of expression and of the press
2.Constitutes a prior restraint on his constitutionally-guaranteed freedom of the press bause of its penal
provsions in case of violation
Responses of COMELEC
-Not violative of the constitutional guarantees of the freedom of expression and of the press but only a valid
implementation of the power of the Comelec to supervise and regulate media during election or plebiscite
periods as enunciated in Article IX-C, Section 4 of the 1987 Constitution and Section 11 of RA 6646
-Does Not absolutely bar petitioner from expressing his views and/or from campaigning for or against the
Organic Act. He may still express his views or campaign for or against the act through the Comelec space
and airtime (magazine/periodical in the province)
HELD:
Petiton is GRANTED- Section 19 of COMELEC Resolution No. 2167 is declared null and void and
unconstitutional . TRO made permanent due to the follwing reasons:
1. It has no statutory basis
2. Form of regulation is tantamount to a restriction of petitioner's freedom of expression for no justifiable
reason
3. affected by the issues presented in a plebiscite should not be unduly burdened by restrictions on the
forum where the right to expression may be exercised.

You might also like