Case Summary (G.R. No. 189538)
Petition and Procedural History
On October 29, 1970, Mutuc filed a special civil action for prohibition and preliminary injunction, alleging that COMELEC’s order violated his constitutional right to free speech. The Court set an expedited schedule, hearing arguments on November 3, 1970, and issued a minute resolution that same day granting the writ of prohibition.
Respondent’s Justification Under the Constitutional Convention Act
COMELEC relied on Section 12(E) of Republic Act No. 6132 (Constitutional Convention Act), which prohibits the distribution of “electoral propaganda gadgets” such as pens, fans, and “the like.” Characterizing a taped jingle as a tangible propaganda item, COMELEC asserted authority to ban and confiscate such recordings.
Grant of Writ of Prohibition and Resolution
Finding an absence of express statutory power to enact the prohibition and noting the impending election, the Court permanently restrained COMELEC from enforcing or implementing its order. The resolution emphasized that COMELEC’s construction of the Act raised serious constitutional doubts, particularly regarding free speech.
Absence of Statutory Authority and Principle of Ejusdem Generis
The Court held that general words following a specific enumeration—“and the like”—must be construed ejusdem generis and limited to items akin to those listed. A campaign jingle, inherently non-tangible literature and not a “gadget” designed to induce votes, fell outside the statute’s prohibited class.
Constitutional Mandate to Uphold Free Speech
Under the 1935 Constitution’s guarantee against abridgment of freedom of speech and press, any administrative order functioning as censorship is impermissible. The Court reiterated that prior restraint on campaign communications undermines the electorate’s right to information and the candidate’s right to disseminate ideas.
Supremacy of the Constitution and Limits of Commission’s Power
The Constitution is the supreme law, and all exe
...continue readingCase Syllabus (G.R. No. 189538)
Procedural Background
- On October 29, 1970, Amelito R. Mutuc filed a special civil action for prohibition and prayed also for a preliminary injunction.
- The petition assailed a Commission on Elections (COMELEC) telegram received five days earlier, prohibiting the use of taped jingles in petitioner’s mobile campaign units.
- The Court required COMELEC to file an answer by November 2, 1970, and set oral argument for November 3, 1970, without issuing a preliminary injunction.
- COMELEC’s answer relied on Section 12(E) of the Constitutional Convention Act (Republic Act No. 6132), characterizing the taped jingle as a “propaganda gadget” subject to prohibition and confiscation.
- After hearing on November 3, 1970, and in light of the pending election, this Court issued a minute resolution granting the writ of prohibition and permanently restraining COMELEC from enforcing the ban.
Facts
- Petitioner is a resident of Arayat, Pampanga, and candidate for delegate to the Constitutional Convention.
- COMELEC acknowledged his certificate of candidacy but enjoined the use of jingles on his mobile units equipped with sound systems and loudspeakers.
- Petitioner contended that this order infringed his constitutional right to freedom of speech and had no basis in the Constitutional Convention Act.
- COMELEC maintained that recorded jingles fall within the statute’s prohibition on “electoral propaganda gadgets” such as pens, hats, shirts, and “the like.”
Issue
- Whether the Commission on Elections possessed s