Title
Social Weather Stations, Inc. vs. Commission on Elections
Case
G.R. No. 208062
Decision Date
Apr 7, 2015
Polling firms challenged COMELEC's resolution requiring disclosure of survey commissioners, arguing it violated free speech, due process, and contract rights; SC upheld validity but found due process violations.

Case Summary (G.R. No. 186603)

Petitioners’ Challenges to the Resolution

  1. Alleged ultra vires extension to “subscribers,” exceeding RA 9006’s text.
  2. Alleged infringement on free speech by chilling survey publication.
  3. Claimed violation of the constitutional non-impairment‐of-contracts clause.
  4. Dispute over the resolution’s effectivity (immediate vs. seven days post-publication under Section 13).
  5. Asserted denial of due process: no service of the resolution or criminal complaint.

Statutory and Constitutional Foundations for Survey Regulation

  • RA 9006 was enacted to guarantee “equal opportunity for public service” by regulating media, election propaganda, and published surveys.
  • Section 5.2(a) mandates disclosure of the survey “commissioner or payor,” while Section 5.3 allows COMELEC or parties to inspect raw data.
  • Constitutionally, Article II, Sec. 26 enshrines equal access, and Article IX-C empowers COMELEC to enforce election laws and regulate media privileges to ensure fair elections.

The Formative Nature of Election Surveys

  • Surveys not merely descriptive but can shape voter behavior (bandwagon, underdog, motivating, demotivating, strategic voting, free-will effects).
  • Published polls create “politics of expectations,” influencing perception of candidate viability and undermining deliberative democracy by suppressing minority voices.

Interpretation of “Commissioned or Paid for” under Section 5.2(a)

  • “Or” separates two classes: those who commissioned the survey and those who paid for it.
  • Subscribers, by paying subscription fees, fall within “those who paid for” published surveys.
  • Legislative intent and the statute’s purpose support broad disclosure to ensure transparency and equal opportunity.

Balancing Free Speech and Political Equality

  • Political‐speech regulation in campaigns must be time, place, and manner–based, provided by law, reasonable, narrowly tailored, and least restrictive.
  • The subscriber‐disclosure requirement does not prohibit or censor survey publication—it regulates the manner by requiring sponsorship identification.
  • This regulation is justified by the compelling state interest of ensuring fair elections and political equality.

Non-Impairment of Contracts and Police Power

  • The constitutional guarantee against impairment of contracts is subject to police power for public welfare.
  • Regulations contemplated by law are deemed incorporated into private contracts.
  • The subscriber‐disclosure rule effects the public policy of equal electoral opportunity and does not unreasonably impair agreements.

Effectivity Clause Violation

  • RA 9006 Section 13 requires implementing rules to take effect seven days after publication in two newspapers.
  • Resolution No. 9674 took effect “immediately after publication,” contravening Section 13.
  • The earliest effective date was May 2, 2013, yet petitioners were still summoned under an unserved resolution.

Due Process and Prosecution Enjoined

  • Petitioners were never officially served with Resolution No. 9674 or the criminal complaint underpinning E.O. Case No. 13-222.
  • Non-service prevented the three-day compliance period from runn
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