46.

Philippine Press Institute vs COMELEC, 244 SCRA 272

Facts: Respondent Comelec promulgated Resolution No. 2772 directing newspapers to provide free Comelec space
of not less than one-half page for the common use of political parties and candidates. The Comelec space shall be
allocated by the Commission, free of charge, among all candidates to enable them to make known their
qualifications, their stand on public Issue and their platforms of government. The Comelec space shall also be used
by the Commission for dissemination of vital election information.

Petitioner Philippine Press Institute, Inc. (PPI), a non-profit organization of newspaper and magazine publishers,
asks the Supreme Court to declare Comelec Resolution No. 2772 unconstitutional and void on the ground that it
violates the prohibition imposed by the Constitution upon the government against the taking of private property
for public use without just compensation. On behalf of the respondent Comelec, the Solicitor General claimed that
the Resolution is a permissible exercise of the power of supervision (police power) of the Comelec over the
information operations of print media enterprises during the election period to safeguard and ensure a fair,
impartial and credible election.

Issue:

Whether or not Comelec Resolution No. 2772 is unconstitutional.

Held: The Supreme Court declared the Resolution as unconstitutional. It held that to compel print media
companies to donate Comelec space amounts to taking of private personal property without payment of the
just compensation required in expropriation cases. Moreover, the element of necessity for the taking has not been
established by respondent Comelec, considering that the newspapers were not unwilling to sell advertising space.
The taking of private property for public use is authorized by the constitution, but not without payment of just
compensation. Also Resolution No. 2772 does not constitute a valid exercise of the police power of the state. In the
case at bench, there is no showing of existence of a national emergency to take private property of newspaper or
magazine publishers.
EN BANC

[G.R. No. 119694. May 22, 1995.]

PHILIPPINE PRESS INSTITUTE, INS., for and in behalf of 139 members, represented by its
President Amado P. Macasaet and its Executive Director Ermin F. Garcia, Jr., Petitioner,
v. COMMISSION ON ELECTIONS (COMELEC), Respondent.

RESOLUTION

FELICIANO, J.:

The Philippine Press Institute, Inc. ("PPI") is before this Court assailing the constitutional validity of
resolution No. 2772 issued by respondent Commission on Elections ("Comelec") and its corresponding
Comelec directive dated 22 March 1995, through a Petition for Certiorari and Prohibition. Petitioner PPI
is a non-stock, non-profit organization of news paper and magazine publishers.

On 2 March 1995, Comelec promulgated Resolution No. 2772, which reads in

part:nadchanroblesvirtualawlibrary
xxx xxx xxx

Sec. 2. Comelec Space. The Commission shall procure free print space of not less than one half (1/2)
page in at least one newspaper of general circulation in every province or city for use as 'Comelec Space'
from March 6, 1995 in the 1995 until May 12, 1995. In the absence of said newspaper, 'Comelec Space'
shall be obtained from any magazine or periodical of said province or city.

Sec. 3. Uses of Comelec Space. 'Comelec Space' shall be allocated by the Commission, free of charge,
among all candidates within the area in which the newspaper, magazine or periodical is circulated to
enable the candidates to make known their qualifications, their stand on public issues and their platforms
and programs of government.

'Comelec Space' shall also be used by the Commission for dissemination of vital election information.

Sec. 4. Allocation of Comelec Space. (a) 'Comelec Space' shall be available to all candidates during the
periods stated in Section 2 hereof. Its allocation shall be equal and impartial among all candidates for the
same office. All candidates concerned shall be furnished a copy of the allocation of 'Comelec Space' for
their information, guidance and compliance.

(b) Any candidate desiring to avail himself of 'Comelec Space' from newspapers or publications based in
the Metropolitan Manila Area shall submit an application therefor, in writing, to the Committee on Mass
media of the Commission. Any candidate desiring to avail himself of 'Comelec Space' in newspapers of
publication based in the provinces shall submit his application therefor, in writing, to the Provincial
Election Supervisor concerned. Applications for availment of 'Comelec Space' may be filed at any time
from the date of effectivity of this Resolution.

(c) The Committee on Mass Media and the Provincial Election Supervisors shall allocate available
'Comelec Space' among the candidates concerned by lottery of which said candidates shall be notified in
advance, in writing, to be present personally or by representative to witness the lottery at the date, time
and place specified in the notice. Any party objecting to the result of the lottery may appeal to the
Commission.
(d) The candidates concerned shall be notified by the Committee on Mass Media or the Provincial
Election Supervisor, as the case may be, sufficiently in advance and in writing of the date of issue and the
newspaper or publication allocated to him, and the time within which he must submit the written
material for publication in the 'Comelec Space'.
xxx xxx xxx

Sec. 8. Undue Reference to Candidates/Political Parties in Newspapers. No newspaper or publication

shall allow to be printed or published in the news, opinion, features, or other sections of the newspaper
or publication accounts or comments which manifestly favor or oppose any candidate or political party
by unduly or repeatedly referring to or including therein said candidate or political party. However,
unless the facts and circumstances clearly indicate otherwise, the Commission will respect the
determination by the publisher and/or editors of the newspapers or publication that the accounts or
views published are significant, newsworthy and of public interest." (Emphasis supplied)

Apparently in implementation of this Resolution, Comelec through Commissioner Regalado E. Maambong

sent identical letters, dated 22 March 1995, to various publishers of newspapers like the Business World,
the Philippine Star, the Malaya and the Philippine Times Journal, all members of PPI. These letters read as
follows:nadchanroblesvirtualawlibrary

"This is to advise you that pursuant to Resolution No. 2772 of the Commission on Elections, you are
directed to provide free print space of not less than one half (