Case Digest (G.R. No. 138874-75)
Facts:
ABS-CBN Broadcasting Corporation, G.R. No. 133486, January 28, 2000, the Supreme Court En Banc, Panganiban, J., writing for the Court.
Petitioner ABS-CBN Broadcasting Corporation sought certiorari under Rule 65 challenging Commission on Elections (Comelec) en banc Minute Resolution No. 98-1419 dated April 21, 1998, which approved issuing a restraining order "to stop ABS-CBN or any other groups, its agents or representatives from conducting such exit survey" during the May 11, 1998 elections.
The Comelec acted on information that ABS-CBN had planned an exit survey and radio-TV election coverage whose immediate broadcast of results could conflict with the official Comelec count and the unofficial Namfrel quick count; Comelec noted it had not authorized or deputized ABS-CBN for such exit polling. ABS-CBN received a copy of the Minute Resolution only on May 4, 1998 and sought relief from this Court. On May 9, 1998 the Supreme Court issued a Temporary Restraining Order (TRO) directing the Comelec to cease implementing the Minute Resolution until further orders; exit polls were thereafter conducted and reported without reported incidents.
The Solicitor General raised mootness and prematurity (failure to file reconsideration) in opposing the petition. The case was deemed submitted for resolution on January 19, 1999, and the Court promulgat...(Subscriber-Only)
Issues:
- Is the petition moot or academic given that the May 11, 1998 elections had already occurred?
- Was the petition premature for failure to exhaust remedies (i.e., file a motion for reconsideration) before the Comelec?
- Did the Comelec act with grave abuse of discretion amounting to lack or excess of jurisdiction in approving a restraining order that would ban exit p...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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