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Sanidad Vs Comelec

Petitioner Pablito Sanidad, a newspaper columnist, challenged the constitutionality of Section 19 of Comelec Resolution No. 2167, which prohibited mass media columnists, commentators, or announcers from campaigning for or against plebiscite issues in their columns or broadcasts in the days leading up to and including plebiscite day. The Supreme Court ruled that Section 19 had no statutory basis, as Article IX-C of the Constitution and Section 11 (b) of R.A. 6646 did not grant Comelec the right to supervise and regulate the free expression of media practitioners themselves during plebiscites. While the limitation did not absolutely bar the petitioner's freedom of expression, it still

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70 views

Sanidad Vs Comelec

Petitioner Pablito Sanidad, a newspaper columnist, challenged the constitutionality of Section 19 of Comelec Resolution No. 2167, which prohibited mass media columnists, commentators, or announcers from campaigning for or against plebiscite issues in their columns or broadcasts in the days leading up to and including plebiscite day. The Supreme Court ruled that Section 19 had no statutory basis, as Article IX-C of the Constitution and Section 11 (b) of R.A. 6646 did not grant Comelec the right to supervise and regulate the free expression of media practitioners themselves during plebiscites. While the limitation did not absolutely bar the petitioner's freedom of expression, it still

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mayton30
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PABLITO V. SANIDAD, petitioner, vs.

THE COMMISSION ON ELECTIONS,


respondent.
G.R. No. 90878, January 29, 1990

FACTS:

Petitioner Pablito V. Sanidad, who claims to be a newspaper columnist of the

"OVERVIEW" for the BAGUIO MIDLAND COURIER, a weekly newspaper circulated in the

City of Baguio and the Cordilleras, assailed the constitutionality of Section 19 of Comelec

Resolution No. 2167, which provides:

Section 19. Prohibition on columnists, commentators or announcers. During the

plebiscite campaign period, on the day before and on the plebiscite day, no mass media

columnist, commentator, announcer or personality shall use his column or radio or television

time to campaign for or against the plebiscite issues.

ISSUE:

Whether or not Section 19 of Comelec Resolution No. 2167 is 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 of the Republic of the Philippines.

RULING:

Article IX-C of the Constitution nor Section 11 (b), 2nd par. of R.A. 6646 cannot be

construed to mean that the COMELEC has also been granted the right to supervise and regulate

the exercise by media practitioners themselves of their right to expression during plebiscite

periods. Media practitioners exercising their freedom of expression during plebiscite periods are

neither the franchise holders nor the candidates. In fact, there are no candidates involved in a

plebiscite. Therefore, Section 19 of Comelec Resolution No. 2167 has no statutory basis.

While the limitation does not absolutely bar petitioner's freedom of expression, it is still a

restriction on his choice of the forum where he may express his view.

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