Case Digest (G.R. No. 208062)
Facts:
- The case involves Social Weather Stations, Inc. (SWS) and Pulse Asia, Inc. as petitioners against the Commission on Elections (COMELEC).
- COMELEC issued Resolution No. 9674 on April 23, 2013, requiring SWS and Pulse Asia to disclose the names of all commissioners and payors of surveys published from February 12, 2013, to April 23, 2013.
- SWS and Pulse Asia are recognized firms conducting pre-election surveys.
- SWS conducted a pre-election survey from February 15 to 17, 2013, regarding senatorial candidates and published the results.
- Representative Tobias M. Tiangco requested COMELEC to compel SWS to disclose the identities of those who commissioned or subscribed to the survey.
- COMELEC held a hearing on April 16, 2013, and subsequently issued Resolution No. 9674, mandating the disclosure of subscriber information.
- SWS and Pulse Asia argued that the resolution exceeded the authority granted by the Fair Election Act and violated their rights to due process and non-impairment of contracts.
- They filed a petition for certiorari and prohibition on July 26, 2013, challenging the resolution's validity and seeking a temporary restraining order.
Issue:
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Ruling:
- The Supreme Court partially granted the petition, upholding the validity of Resolution No. 9674.
- COMELEC was enjoined from prosecuting SWS and Pulse Asia for non-compliance regarding subscriber name submission.
- The Court ruled that the requirement to disclose names is valid under the Fair Elect...(Unlock)
Ratio:
- The Court reasoned that disclosing subscriber names aligns with the Fair Election Act's goal of ensuring transparency and equal access to public service oppor...continue reading
Case Digest (G.R. No. 208062)
Facts:
The case involves Social Weather Stations, Inc. (SWS) and Pulse Asia, Inc. as petitioners against the Commission on Elections (COMELEC) as the respondent. The events leading to the case began with the issuance of COMELEC Resolution No. 9674 on April 23, 2013, which directed SWS and Pulse Asia, along with other survey firms, to submit the names of all commissioners and payors of surveys published from February 12, 2013, to April 23, 2013, including the names of their subscribers. SWS and Pulse Asia are recognized social research and public polling firms that conduct pre-election surveys. On February 15 to 17, 2013, SWS conducted a pre-election survey regarding voters' preferences for senatorial candidates and subsequently published the results.
The controversy escalated when Representative Tobias M. Tiangco, Secretary-General of the United Nationalist Alliance, wrote to COMELEC requesting that SWS be compelled to disclose the identities of those who commissioned or subscribed to the survey. Following this, COMELEC issued an order on April 10, 2013, setting a hearing for April 16, 2013, and requiring SWS to submit a comment. During the hearing, COMELEC Chairman Sixto S. Brillantes, Jr. clarified that it was a clarificatory hearing. However, the subsequent Resolution No. 9674 mandated the disclosure of subscriber information, which SWS and Pulse Asia argued was beyond the authority granted by the Fair Election Act and violated their rights to due process and non-impairment of contracts. They filed a petition for certiorari and prohibition on July 26, 2013, challenging the validity of the resolution and seeking a temporary rest...