Case Summary (G.R. No. 119694)
Petitioner
Philippine Press Institute, Inc., for and in behalf of 139 member publications.
Respondent
Commission on Elections.
Key Dates
• March 2, 1995 – Comelec promulgates Resolution No. 2772.
• March 22, 1995 – Directive letters sent to PPI members.
• April 20, 1995 – Supreme Court issues Temporary Restraining Order.
• April 28, 1995 – Oral arguments before the Court.
• May 4, 1995 – Comelec adopts Resolution No. 2772-A clarifying Sections 2 and 8.
• May 22, 1995 – Supreme Court issues final Resolution.
Applicable Law
• 1987 Constitution:
– Art. III, Sec. 9 (Takings Clause: private property for public use requires just compensation)
– Art. III, Sec. 18(2) (Prohibition against involuntary servitude)
– Art. III, Sec. 4 (Freedom of speech, of the press, and of expression)
• Batas Pambansa Blg. 881 (Omnibus Election Code), Sec. 90 (no grant of Comelec space)
• Republic Act No. 6646, Sec. 11(b) (prohibition on sale or donation of print space for political purposes)
Resolution No. 2772 and Its Implementation
Section 2 directed newspapers and periodicals to “procure free print space” of at least one-half page for Comelec use at specified campaign intervals. Section 3 and 4 detailed allocation among candidates by lottery. Section 8 prohibited “undue reference” or manifestly favorable/opposed accounts in news or opinion sections. Implementation letters dated March 22 demanded free space and requested raw or camera-ready materials from publishers.
PPI’s Constitutional Challenges
- Uncompensated taking of private property for public use (Art. III, Sec. 9).
- Imposition of involuntary servitude by mandating publishers to process and supply Comelec materials (Art. III, Sec. 18(2)).
- Violation of press freedom through Section 8’s prior-restraint-type restrictions (Art. III, Sec. 4).
Comelec’s Defense and Resolution No. 2772-A
The Solicitor General argued that Resolution No. 2772 merely provided guidelines without sanctions, and that even if mandatory, it fell under Comelec’s police power and supervisory authority. At oral argument, Chairman Pardo represented the measures as voluntary solicitations. On May 4, Comelec adopted Resolution No. 2772-A clarifying that Sections 2 and 8 were not to be construed as imposing penalties or prior restraints.
Supreme Court’s Analysis on Section 2
The Court held that, as originally drafted and applied, Section 2 was susceptible to a coercive reading and produced a compulsory “donation” of print space. This constituted a taking of private property without just compensation.
• Necessity: Comelec offered no evidence of an inability to purchase space at regular rates.
• Authority: No constitutional or statutory delegation of eminent-domain power to compel such donations.
• Just Compensation: Mandating free space circumvented the requirement of payment under the Takings Clause.
Rejection of Police Power Argument
The Court found no valid delegation of police power to Comelec for this purpose. Even if the police power could apply, Comelec failed to demonstrate an urgent public necessity, calibrated response, or individualized assessments required for a lawful exercise of police power takings.
Ana
Case Syllabus (G.R. No. 119694)
Procedural Background and Parties
- Petitioners: Philippine Press Institute, Inc. (PPI), a non-stock, non-profit association of newspaper and magazine publishers, suing for and in behalf of 139 member publications; represented by President Amado P. Macasaet and Executive Director Ermin F. Garcia, Jr.
- Respondent: Commission on Elections (Comelec).
- Relief Sought: Petition for Certiorari and Prohibition with prayer for Temporary Restraining Order (TRO) to enjoin enforcement of Comelec Resolution No. 2772 and related letter-directives of 22 March 1995.
- TRO Issued: Supreme Court enjoined enforcement of Section 2 of Res. 2772 and the 22 March 1995 letter-directives, and ordered Comelec to file its Comment.
Comelec Resolution No. 2772: Key Provisions
- Promulgation Date and Period Covered: 2 March 1995; space for senatorial candidates from 6 March to 12 May 1995, and for other candidates from 21 March to 12 May 1995.
- Section 2 (“Comelec Space”): Requires procurement of free print space of not less than one-half page in at least one general-circulation newspaper per province or city; if none, in a magazine or periodical.
- Section 3 (Uses of Space): Allocates free space equally among all candidates in each area for publishing qualifications, public-issue positions, platforms, and for dissemination of vital election information.
- Section 4 (Allocation Procedure):
• Equal and impartial allocation among like-office candidates.
• Applications to Mass Media Committee (Metro Manila) or Provincial Election Supervisors (provinces) anytime after effectivity.
• Allocation by lottery with advance written notice; candidates may appeal lottery results.
• Written notification of issue date, publication, and material-submission deadlines.
Implementing Letter-Directives (22 March 1995)
- Issued by Commissioner Regalado E. Maambong to PPI member publishers (e.g., Business World, Philippine Star, Malaya, Philippine Times Journal).
- Directed “provision” of free print space (≥½ page) for candidates to submit pictures, biographical data, issue stands, platforms, raw data or camera-ready materials.
- Time Frame: Upon