PPI vs.

COMELEC

Facts: On March 2, 1995, COMELEC promulgated Resolution No. 2772 stating that the
Commission shall have free print space of not less than one-half page in at least one newspaper
in every province or city as “Comelec Space”. This ad space will be used by candidates for
their campaign and platforms of government, and for the Commission’s dissemination of vital
information. Moreover, COMELEC released a letter-directive ordering the different newspapers
to comply with the said resolution. The petitioner Philippine Press Institute (PPI) filed a
petition contending that COMELEC violated the prohibition imposed by the Constitution
against the taking of properties without just compensation due to Sec 2. Moreover, the
directive of COMELEC amounts to involuntary servitude and violation of the freedom of
expression and of the press due to Sec 8. On the other hand, COMELEC asserts their directive
is not mandatory and compelling. They only ask for a donation. They aver that even if the
order is mandatory, it would still be valid through the use of police power.

Issue: Is COMELEC’s action constitutional through the exercise of police power?

Held: No. Looking at Sec 2, it seems that respondent is correct that the order to give a free
space to COMELEC is not mandatory as there is no compelling language or any criminal or
administrative charges for violation. The respondent’s reason for creating the resolution was
due to the voluntary offers given by the newspaper company in the 1992 elections to help
them advertise important election matters. However, the court will have to disagree that even if
the order is mandatory, it would still be valid as an exercise of police power. First, only the
legislature can exercise police power except if it is delegated to some other body. The
COMELEC did not give any effort to specify evidences that they were given police power.
According to the Constitution, when a property is taken, it must be given a just
compensation. In the case at bar, there is no just compensation as the newspapers will give the
space for free as a donation. Moreover, there was no showing of reasonable necessity or
emergency for the taking of print space confronted the Commission. However, Sec 8 still
stands as it is within the power of COMELEC to control the media influences of candidates
to prevent unequal campaigns.

Petition is partially granted. Sec 2 is not mandatory and Sec 8 is valid