Case Digest (G.R. No. 103956)
Facts:
In G.R. No. 103956, Blo Umpar Adiong vs. Commission on Elections, petitioner Blo Umpar Adiong, a neophyte senatorial candidate in the May 11, 1992 elections, assailed COMELEC Resolution No. 2347 promulgated on January 13, 1992. Under Section 15(a) of the resolution, decals and stickers not exceeding 8½ by 14 inches were classified as “lawful election propaganda” but could be posted only in COMELEC-authorized areas, as reiterated in Section 21(f), which prohibited “any place, whether public or private, mobile or stationary,” except at common poster areas, campaign headquarters, or the candidate’s residence. Adiong contended that this mobile‐posting ban conflicted with Section 82 of the Omnibus Election Code and Section 11(a) of Republic Act No. 6646, which allowed decals and stickers of the same dimensions in any place. He argued that, with radio, television, and print ads banned, decals on moving vehicles were his last means to inform voters and that he had not even been informeCase Digest (G.R. No. 103956)
Facts:
- COMELEC Resolution No. 2347 (January 13, 1992)
- Section 15(a) defines lawful election propaganda as pamphlets, leaflets, cards, decals, stickers or other written materials not more than 8½″×14″ and provides that decals and stickers “may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21.”
- Section 21(f) prohibits any election propaganda—“whether public or private, mobile or stationary”—except in COMELEC common posting areas and/or billboards, at campaign headquarters, or at the candidate’s residence; posters must not exceed 2′×3′.
- Statutory framework
- Omnibus Election Code §82 authorizes decals and stickers ≤8½″×14″, posters ≤2′×3′, and other propaganda as COMELEC may permit.
- Republic Act No. 6646 §11(a) forbids any election propaganda in any place, public or private, except in common poster areas, campaign HQ, or residence; posters limited to 2′×3′; streamers limited around rallies.
- Petitioner’s challenge
- Blo Umpar Adiong, a neophyte senatorial candidate, contends the ban on mobile decals and stickers violates the Omnibus Election Code and RA 6646 and deprives him of his last medium to inform voters under the ban on paid media.
- He alleges no notice was given as to designated COMELEC poster areas nationwide.
Issues:
- Whether COMELEC may validly prohibit posting of decals and stickers on mobile places (public or private) and restrict them to designated posting areas.
- Whether such prohibition:
- Contravenes the statutory provisions on lawful election propaganda (OEC §82; RA 6646 §11(a)).
- Infringes constitutional rights to free speech, due process, property, and equal political opportunity.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)