1-United Transport Koalisyon (1-Utak), vs. Commission On Elections, Respondent
1-United Transport Koalisyon (1-Utak), vs. Commission On Elections, Respondent
1-United Transport Koalisyon (1-Utak), vs. Commission On Elections, Respondent
Petitioner,
vs.
COMMISSION ON ELECTIONS, Respondent.
3. Section 7 (g) enumerates the public places referred to in subsection (f) as public utility
vehicles such as buses, jeepneys, trains, taxi cabs, ferries, pedicabs and tricycles,
whether motorized or not; and within the premises of public transport terminals,
such as bus terminals, airports, seaports, docks, piers, train stations, and the like.
Facts:
2. that PUVs and private transport terminals hold a captive audience, who
have no choice but be subjected to the blare of political propaganda. Thus,
it is within its constitutional authority to prevent privately-owned PUVs and
transport terminals from concurrently serving campaign materials to the
captive audience that they transport.
1. The said provisions are also content-neutral regulations and are not
within the constitutionally delegated power of the COMELEC under
Section 4, Article IX-C of the Constitution. Also, there is absolutely no
necessity to restrict the right to free speech of the owners of PUVs and
transport terminals.
2. The COMELEC's constitutionally delegated powers of supervision and
regulation do not extend to the ownership per se of PUVs and
transport terminals, but only to the franchise or permit to operate the
same.
Ruling: