GMA NETWORK, INC.

, Petitioner,
vs.
COMMISSION ON ELECTIONS, Respondent.
G.R. No. 205357 September 2, 2014

PONENTE: Peralta

TOPIC: Freedom of expression, of speech and of the press, airtime limits

FACTS:
The five (5) petitions before the Court put in issue the alleged
unconstitutionality of Section 9 (a) of COMELEC Resolution No. 9615 limiting
the broadcast and radio advertisements of candidates and political parties
for national election positions to an aggregate total of one hundred twenty
(120) minutes and one hundred eighty (180) minutes, respectively. They
contend that such restrictive regulation on allowable broadcast time violates
freedom of the press, impairs the peoples right to suffrage as well as their
right to information relative to the exercise of their right to choose who to
elect during the forth coming elections

Section 9 (a) provides for an aggregate total airtime instead of

the previous per station airtime for political campaigns or advertisements,
and also required prior COMELEC approval for candidates television and
radio guestings and appearances.

ISSUE:
Whether or not Section 9 (a) of COMELEC Resolution No. 9615 on
airtime limits violates freedom of expression, of speech and of the press.

HELD:
YES. The Court held that the assailed rule on aggregate-based
airtime limits is unreasonable and arbitrary as it unduly restricts and
constrains the ability of candidates and political parties to reach out and
communicate with the people. Here, the adverted reason for imposing the
aggregate-based airtime limits leveling the playing field does not
constitute a compelling state interest which would justify such a substantial
restriction on the freedom of candidates and political parties to communicate
their ideas, philosophies, platforms and programs of government. And, this is
specially so in the absence of a clear-cut basis for the imposition of such a
prohibitive measure.

It is also particularly unreasonable and whimsical to adopt the

aggregate-based time limits on broadcast time when we consider that the
Philippines is not only composed of so many islands. There are also a lot of
languages and dialects spoken among the citizens across the country.
Accordingly, for a national candidate to really reach out to as many of the
electorates as possible, then it might also be necessary that he conveys his
message through his advertisements in languages and dialects that the
people may more readily understand and relate to. To add all of these
airtimes in different dialects would greatly hamper the ability of such
candidate to express himself a form of suppression of his political speech.