Case Digest (A.M. No. P-06-2197)
Facts:
In ABS-CBN Broadcasting Corporation v. Commission on Elections, G.R. No. 133486, decided January 28, 2000, petitioner ABS-CBN sought certiorari under Rule 65 to annul Comelec en banc Resolution No. 98-1419, dated April 21, 1998. By that Resolution the Commission on Elections (Comelec) “RESOLVED to approve the issuance of a restraining order to stop ABS-CBN or any other groups, its agents or representatives from conducting [exit] surveys” during the May 11, 1998 national elections. Comelec acted on information that ABS-CBN, without its authorization, would conduct radio-TV coverage and exit polling that might conflict with its official count and the NAMFREL quick count. ABS-CBN secured a Temporary Restraining Order from the Supreme Court on May 9, 1998, directing Comelec to desist from implementing the ban. Despite the ban, media organizations proceeded with exit polls on election day. The petition was submitted for resolution on January 19, 1999 and the Supreme Court issuedCase Digest (A.M. No. P-06-2197)
Facts:
- Petition for Certiorari
- ABS-CBN Broadcasting Corporation filed a petition under Rule 65, assailing Comelec en banc Resolution No. 98-1419 dated April 21, 1998.
- The Resolution approved a restraining order prohibiting ABS-CBN and other groups from conducting exit polls during the May 11, 1998 elections and from broadcasting immediate results.
- Commission on Elections’ Action
- Comelec acted on “information from a reliable source” that ABS-CBN planned a radio-TV exit survey project for national positions, to be broadcast immediately.
- The poll body feared conflict with its official count and Namfrel’s quick count, and had not authorized the exit survey.
- Supreme Court Intervention
- On May 9, 1998, the Supreme Court issued a Temporary Restraining Order directing Comelec to cease enforcing the Resolution.
- Exit polls were ultimately conducted and reported by media without disruption.
Issues:
- Main Issue
- Whether Comelec acted with grave abuse of discretion amounting to lack or excess of jurisdiction in approving a restraining order against exit polls.
- Solicitor General’s Procedural Objections
- Mootness – elections already held, no live controversy.
- Prematurity – petitioner did not move for reconsideration before Comelec.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)