l\rpnbhc of tbe

QCourt
;ffianila
ENBANC
ADVISORY
G. R No. 205728 (The Diocese of Bacolod, Represented by the Most Rev.
Bishop Vicente M. Navarra and the Bishop Himself in His Personal
Capacity, Petitioners vs. Commission on Elections and the Election
Officer of Bacolod City, Atty. Mavil V. Majarucon, Respondents)
x-----------------------------------------------------------------------------------------x
The following advisory shall govern the oral arguments scheduled at
2:00pm on Tuesday, 19 March 2013:
1. The Petitioners and the Respondents shall each be given twenty
(20) minutes to make their presentation on the following issues:
1. Whether or not the 22 February 2013
Notice/Order by Election Officer Majarucon and
the 27 February 2013 Order by the COMELEC
Law Department are considered judgments/final
orders/resolutions of the COMELEC which
would warrant a review of this Court via a Rule
65 Petition.
(a) Whether or not petitioners violated the
hierarchy of com1s doctrine and
jurisprudential rules governing appeals
from COMELEC Decisions;
(b) Assuming arguendo that the
aforementioned Orders are not
considered judgments/final
orders/resolutions of the COMELEC,
whether there are exceptional
circumstances which would allow this
Court to take cognizance of the case.
2. Whether or not it is relevant to determine
whether the . tarpaulins are "political
Advisory 2 G.R. No. 205728
12 March 2013
advertisement" or "election propaganda"
considering that petitioner is not a political
candidate.
3. Whether or not the tarpaulins are a form of
expression (protected speech), or election
propaganda/political advertisement.
(a) Assuming arguendo that the tarpaulins
are a fonn of expression, whether or not
the COMELEC possesses the authority
to regulate the same.
(b) Whether or not this form of expression
may be regulated.
4. Whether or not the 22 February 2013
Notice/Order by Election Officer Majarucon and
the 27 February 2013 Order by the COMELEC
Law Department violates the Constitutional
principle of separation of church and state.
5. Whether or not the action of the Petitioners in
posting its tarpaulin violates the Constitutional
principle of separation of church and state.
2. It will be up to the Petitioners and the Respondents to decide
whether they will be represented by one or several counsels. However, each
side will only be given a TOTAL of twenty (20) minutes to make their
presentation.
3. The interpellations by Members of the Court shall immediately
follow after each presentation of arguments. The time allotted for counsels
shall be exclusive of the time devoted to interpellation by the Members of
the Court.
4. The enumeration of issues for the oral arguments is without
prejudice to other issues that may be raised by the Pmiies in their pleadings,
or by any Member of the Court during the oral arguments. The discussions
of these additional issues may be included in the memoranda of the Parties.
Very truly yours,
ENRI
of Court

Advisory
Attys. Ralph A. Sarmiento, Raymundo T.
Pandan, Jr. and Mitchelle M. Abella (reg)
Counsel for Petitioners
Door# 5 Terra II Building
corner C.L.Montelibano Drive and Bug nay Street
Bacolod City
Public Information Office (x)
Supreme Court
G.R. No. 205728
nmr/31213[Advisory]31213
-3-
The Solicitor General (x)
Office of the Solicitor General
G.R. No. 205728
March 12, 2013
134 Amorsolo St., Legaspi Village
1229 Makati City
Commission on Elections (x)
lntramuros, Manila
Atty. Mavil V. Majarucon-Sia (x)
c/o Commission Elections
lntramuros, Manila
Atty. Esmeralda Amora-Ladra (x)
Director IV, Law Department
Commission Elections
lntramuros, Manila