G.R. No. 119694 - Philippine Press Institute, Inc. vs. Commission on Elections

Petitioner Philippine Press Institute, Inc. (PPI) is a non-stock, non-profit organization of 139 newspaper and magazine publishers, represented by its President, Amado P. Macasaet, and its Executive Director, Ermin F. Garcia, Jr.
Respondent Commission on Elections (Comelec) issued Resolution No. 2772 on 2 March 1995 and corresponding letter-directives dated 22 March 1995, prompting PPI to file a Petition for Certiorari and Prohibition with prayer for a Temporary Restraining Order (TRO).

Section 2 mandated the procurement of free print space (not less than one-half page) in at least one newspaper of general circulation in every province or city from 6 March 1995 (senatorial candidates) and from 21 March to 12 May 1995 (other candidates), substituting magazines/periodicals where no newspaper exists.
Sections 3–4 prescribed the uses (candidate qualifications, platforms, public issues, election information) and allocation (equal, by lottery, notice requirements) of “Comelec Space.”
Section 8 prohibited “undue reference” in news, opinion, or features that manifestly favor or oppose any candidate or political party, while deferring to publishers’ newsworthiness determinations absent clear contrary circumstances.

Signed by Commissioner Regalado E. Maambong and dispatched to PPI member publications (Business World, Philippine Star, Malaya, Philippine Times Journal), directing them to provide free print space (one-half to two full pages) from 6 March to 6 May 1995 and to process raw data into camera-ready materials.
Stated that political parties/candidates would submit identifying and platform materials directly to publishers and reminded publishers of their obligation under Res. 2772.

A taking of private property without just compensation (Art. III, Sec. 9) and involuntary servitude (Art. III, Sec. 18(2)).
A prior restraint on freedom of speech and of the press (Art. III, Sec. 4).

On 20 April 1995, the Supreme Court issued a TRO enjoining enforcement of Section 2 of Res. 2772 and the letter-directives.
The Office of the Solicitor General (OSG) filed a Comment arguing that Res. 2772:

Imposed no sanction, thus creating mere guidelines.
Represented a valid exercise of Comelec’s police power and supervisory authority over election communications.

At oral arguments (28 April 1995), Comelec Chairman Bernardo Pardo denied any intention to compel free space, offered to clarify the resolution, and on 4 May 1995 issued Resolution No. 2772-A, stating that:

Whether Section 2 of Comelec Resolution No. 2772, requiring the donation of free print space without just compensation, constitutes an unconstitutional taking of private property and involuntary servitude.
Whether the 22 March 1995 letter-directives imposing processing of raw data to camera-ready form further violate the prohibition against involuntary servitude.
Whether Section 8 of Comelec Resolution No. 2772 constitutes an impermissible prior restraint on freedom of speech and of the press.
Whether Resolution No. 2772 can be sustained as a valid exercise of the police power or Comelec’s constitutional supervisory authority over media.