G.R. No. 102653 March 5, 1992 Section 11 (b) of Republic Act No.

6646 should be taken together with

NATIONAL PRESS CLUB, petitioner, vs. COMMISSION ON ELECTIONS, Sections 90 and 92 of B.P. Blg. 881, known as the Omnibus Election Code of the
respondent. Philippines, which provide respectively as follows:
G.R. No. 102925 March 5, 1992 Sec. 90. Comelec space. — The Commission shall procure space in at
PHILIPPINE PRESS INSTITUTE represented by ZOILO DEJARESCO, JR., as its least one newspaper of general circulation in every province or city: Provided,
Past Chairman and President, and FRAULIN A. PEÑASALES as its Corporate however, That in the absence of said newspaper, publication shall be done in any
Secretary, petitioners, vs. COMMISSION ON ELECTIONS, represented by HON. other magazine or periodical in said province or city, which shall be known as
CHRISTIAN MONSOD, its Chairman; HON. GUILLERMO CARAGUE and HON. "Comelec Space" wherein candidates can announce their candidacy. Said space
ROSALINA S. CAJUCOM, respondents. shall be allocated, free of charge, equally and impartially by the Commission
G.R. No. 102983 March 5, 1992 among all candidates within the area in which the newspaper is circulated.
KAPISANAN NG MGA BRODKASTERS SA PILIPINAS; MAKATI xxx xxx xxx
BROADCASTING NETWORK; MOLAVE BROADCASTING NETWORK; MASBATE Sec. 92. Comelec time. — The Commission shall procure radio and
COMMUNITY BROADCASTING CO., INC., RADIO MINDANAO NETWORK, INC.; television time to be known as "Comelec Time" which shall be allocated equally
ABS-CBN BROADCASTING CORP.; FILIPINAS BROADCASTING; RADIO and impartially among the candidates within the area of coverage of all radio and
PILIPINO CORP.; RADIO PHILIPPINES NETWORK, INC.; EAGLE television stations. For this purpose, the franchise of all radio broadcasting and
BROADCASTING CORP.; MAGILIW COMMUNITY BROADCASTING CO., INC.; television stations are hereby amended so as to provide radio or television time, free
for themselves and in behalf of the mass media owners as a class; ANDRE S. of charge, during the period of the campaign.
KHAN; ARCADIO M. CARANDANG, JR.; MALOU ESPINOSA MANALASTAS; The objective which animates Section 11 (b) is the equalizing, as far as
MIGUEL C. ENRIQUEZ; JOSE ANTONIO K. VELOSO; DIANA G. DE GUZMAN; practicable, the situations of rich and poor candidates by preventing the former from
JOSE E. ESCANER, JR.; RAY G. PEDROCHE; PETER A. LAGUSAY; ROBERT enjoying the undue advantage offered by huge campaign "war chests." Section 11 (b)
ESTRELLA; ROLANDO RAMIREZ; for themselves as voters and in behalf of the prohibits the sale or donation of print space and air time "for campaign or other
Philippine electorate as a class; ORLANDO S. MERCADO and ALEJANDRO de political purposes" except to the Commission on Elections ("Comelec"). Upon the
G. RODRIGUEZ; for themselves as prospective candidates and in behalf of all other hand, Sections 90 and 92 of the Omnibus Election Code require the Comelec to
candidates in the May 1992 election as a class, petitioners, vs. COMMISSION procure "Comelec space" in newspapers of general circulation in every province or
ON ELECTIONS, respondent. city and "Comelec time" on radio and television stations. Further, the Comelec is
statutorily commanded to allocate "Comelec space" and "Comelec time" on a free of
Facts: charge, equal and impartial basis among all candidates within the area served by the
Petitioners in these cases consist of representatives of the mass media newspaper or radio and television station involved.
which are prevented from selling or donating space and time for political
advertisements; two (2) individuals who are candidates for office (one for national and Petitioner’s arguments:
the other for provincial office) in the coming May 1992 elections; and taxpayers and Section 11 (b) of Republic Act No. 6646 invades and violates the
voters who claim that their right to be informed of election issues and of credentials of constitutional guarantees comprising freedom of expression. Petitioners maintain that
the candidates is being curtailed. the prohibition imposed by Section 11 (b) amounts to censorship, because it selects
In these 3 consolidated petitions, petitioners assail the constitutionality of and singles out for suppression and repression with criminal sanctions, only
Section 11 (b) of Republic Act No. 6646 or the Electoral Reforms Law of 1987, which publications of a particular content, namely, media-based election or political
provides: propaganda during the election period of 1992. It is asserted that the prohibition is in
Sec. 11 Prohibited Forms of Election Propaganda. — In addition to the derogation of media's role, function and duty to provide adequate channels of public
forms of election propaganda prohibited under Section 85 of Batas Pambansa Blg. information and public opinion relevant to election issues. Further, petitioners contend
881, it shall be unlawful; that Section 11 (b) abridges the freedom of speech of candidates, and that the
xxx xxx xxx suppression of media-based campaign or political propaganda except those
b) for any newspapers, radio broadcasting or television station, other mass appearing in the Comelec space of the newspapers and on Comelec time of radio
media, or any person making use of the mass media to sell or to give free of and television broadcasts, would bring about a substantial reduction in the quantity or
charge print space or air time for campaign or other political purposes except volume of information concerning candidates and issues in the election thereby
to the Commission as provided under Sections 90 and 92 of Batas Pambansa curtailing and limiting the right of voters to information and opinion.
Blg. 881. Any mass media columnist, commentator, announcer or personality who is
a candidate for any elective public office shall take a leave of absence from his work Issue:
as such during the campaign period. W/n Section 11(b) of the Electoral Reforms Law of 1987 is unconstitutional.
Ruling: Firstly, Section 11 (b) is limited in the duration of its applicability and enforceability. By
NO. virtue of the operation of Article IX (C) (4) of the Constitution, Section 11 (b) is limited
The Comelec has been expressly authorized by the Constitution to in its applicability in time to election periods.
supervise or regulate the enjoyment or utilization of the franchises or permits for the Secondly, and more importantly, Section 11 (b) is limited in its scope of
operation of media of communication and information. The fundamental purpose of application. Analysis of Section 11 (b) shows that it purports to apply only to the
such "supervision or regulation" has been spelled out in the Constitution as the purchase and sale, including purchase and sale disguised as a donation, 4 of print
ensuring of "equal opportunity, time, and space, and the right to reply," as well as space and air time for "campaign or other political purposes." Section 11 (b) does not
uniform and reasonable rates of charges for the use of such media facilities, in purport in any way to restrict the reporting by newspapers or radio or television
connection with "public information campaigns and forums among candidates." stations of news or news-worthy events relating to candidates, their qualifications,
It seems a modest proposition that the provision of the Bill of Rights which political parties and programs of government. Moreover, Section 11 (b) does not
enshrines freedom of speech, freedom of expression and freedom of the press reach commentaries and expressions of belief or opinion by reporters or broadcasters
(Article III [4], Constitution) has to be taken in conjunction with Article IX (C) (4) which or editors or commentators or columnists in respect of candidates, their qualifications,
may be seen to be a special provision applicable during a specific limited period — and programs and so forth, so long at least as such comments, opinions and beliefs
i.e., "during the election period." It is difficult to overemphasize the special importance are not in fact advertisements for particular candidates covertly paid for. In sum,
of the rights of freedom of speech and freedom of the press in a democratic polity, in Section 11 (b) is not to be read as reaching any report or commentary other coverage
particular when they relate to the purity and integrity of the electoral process itself, the that, in responsible media, is not paid for by candidates for political office. We read
process by which the people identify those who shall have governance over them. Section 11 (b) as designed to cover only paid political advertisements of
Thus, it is frequently said that these rights are accorded a preferred status in our particular candidates.
constitutional hierarchy. Withal, the rights of free speech and free press are not The above limitation in scope of application of Section 11 (b) — that it does
unlimited rights for they are not the only important and relevant values even in not restrict either the reporting of or the expression of belief or opinion or comment
the most democratic of polities. In our own society, equality of opportunity to upon the qualifications and programs and activities of any and all candidates for
proffer oneself for public office, without regard to the level of financial office.
resources that one may have at one's disposal, is clearly an important value. It is believed that, when so viewed, the limiting impact of Section 11 (b) upon
One of the basic state policies given constitutional rank by Article II, Section 26 of the the right to free speech of the candidates themselves may be seen to be not unduly
Constitution is the egalitarian demand that "the State shall guarantee equal access repressive or unreasonable. For, once again, there is nothing in Section 11 (b) to
to opportunities for public service and prohibit political dynasties as may be prevent media reporting of and commentary on pronouncements, activities, written
defined by law." statements of the candidates themselves. All other fora remain accessible to
The technical effect of Article IX (C) (4) of the Constitution may be seen to candidates, even for political advertisements. The requisites of fairness and equal
be that no presumption of invalidity arises in respect of exercises of opportunity are, after all, designed to benefit the candidates themselves.
supervisory or regulatory authority on the part of the Comelec for the purpose
of securing equal opportunity among candidates for political office, although Fallo:
such supervision or regulation may result in some limitation of the rights of WHEREFORE, the Petitions should be, as they are hereby, DISMISSED for
free speech and free press. For supervision or regulation of the operations of media lack of merit.
enterprises is scarcely conceivable without such accompanying limitation. Thus, the
applicable rule is the general, time-honored one — that a statute is presumed to be
constitutional and that the party asserting its unconstitutionality must discharge the
burden of clearly and convincingly proving that assertion.
The Court considers that Section 11 (b) has not gone outside the
permissible bounds of supervision or regulation of media operations during election
periods.

In the constitutional assaying of legislative provisions like Section 11 (b), the

character and extent of the limitations resulting from the particular measure being
assayed upon freedom of speech and freedom of the press are essential
considerations. It is important to note that the restrictive impact upon freedom of
speech and freedom of the press of Section 11 (b) is circumscribed by certain
important limitations.