Case Digest (G.R. No. 132922) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In G.R. No. 132922, decided on April 21, 1998, the Supreme Court, En Banc, addressed a petition filed by Telecommunications and Broadcast Attorneys of the Philippines, Inc. (TELEBAP) and GMA Network, Inc. (GMA) against the Commission on Elections (COMELEC). TELEBAP, an organization of lawyers representing radio and television broadcasters, and GMA, a duly franchised broadcast company under R.A. No. 7252 operating stations nationwide, challenged the validity of Section 92 of Batas Pambansa Blg. 881 (the Omnibus Election Code) and the consequent COMELEC Resolution No. 2983-A. Section 92 amended all broadcast franchises to require the donation of air time free of charge for campaign use, to be procured and equally allocated by the COMELEC among candidates. GMA alleged multi-million peso losses in the 1992 and 1995 elections and threatened greater losses in the 1998 campaign, while TELEBAP claimed interest as citizens, taxpayers, voters, and industry lawyers. The petition was heard Case Digest (G.R. No. 132922) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Legal and Statutory Framework
- Section 11(b) of R.A. No. 6646 bars all mass media from selling or donating print space or air time for political ads, except to the COMELEC under Sections 90 and 92 of B.P. Blg. 881 (the Omnibus Election Code).
- Section 90 of B.P. Blg. 881 (“Comelec Space”) requires the COMELEC to procure and pay for print space, allocating it equally among candidates.
- Section 92 of B.P. Blg. 881 (“Comelec Time”) requires broadcast franchises to provide free radio and television time to the COMELEC for equal allocation among candidates during campaigns.
- Parties, Claims, and Proceedings
- Petitioners:
- Telecommunications and Broadcast Attorneys of the Philippines, Inc. (TELEBAP), an association of broadcast lawyers, sues as citizens, taxpayers, and voters.
- GMA Network, Inc., a nationwide broadcast franchise grantee, alleges multi-million-peso losses from providing free campaign air time.
- Respondent: The Commission on Elections (COMELEC).
- Petitioners challenge Section 92 on grounds that it:
- Takes private property (air time) without due process and just compensation (eminent domain clause).
- Violates equal protection by singling out broadcast media.
- Exceeds COMELEC’s constitutional power to regulate franchises.
- Contravenes GMA’s franchise terms.
Issues:
- Standing
- Does TELEBAP have standing as an association of broadcast lawyers, citizens, taxpayers, or voters?
- Does GMA Network, Inc. have standing by alleging concrete financial injury?
- Merits of Section 92
- Does Section 92 effect a taking of private property without due process or just compensation?
- Does it deny broadcast media equal protection of the laws?
- Does it exceed COMELEC’s power under Art. IX-C, Sec. 4 of the Constitution?
- Does it unlawfully amend or impair GMA’s franchise without respecting franchise-imposed obligations?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)