We refuse to believe that the advertising contracts

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We refuse to believe that the advertising contracts between ABS-CBN Corporation and Scenema Concept International, Inc, were executed without Ejercito’s knowledge and co nsent. As found by the COMELEC First Division, the advertising contracts submitted in evidence by san Luis as well as those in legal custody of the COMELEC belie his hollow assertion. His express conformity to the advertising contracts is actually a must because non-compliance is considered as an election offense. Notably, R.A. No. 9006 explicitly directs that broadcast advertisements donated to the candidate shall not be broadcasted without the written acceptance of the candidate, which shall be attached to the advertising contract and shall be submitted to the COMELEC, and that, in every case, advertising contracts shall be signed by the donor, the candidate concerned or by the duly- authorized representative of the political party. Conformably with the mandate of the law, COMELEC Resolution No. 9476 requires that election propaganda materials donated to a candidate shall not be broadcasted unless it is accompanied by the written acceptance of said candidate, which shall be in the form of an official receipt in the name of the candidate and must specify the description of the items donated, their quantity and value, and that, in every case, yje advertising contracts, media purchase orders or booking orders shall be signed by the candidate concerned or by the duly authorized representative of the party and, in case of a donation, should be accompanied by a written acceptance of the candidate, party or their authorized representatives. COMELEC Resolution No. 9615 also unambiguously states that it shall be unlawful to broadcast any election propaganda donated or given free of charge by any person or broadcast entity to a candidate and unless they bear and be identified by the words “airtime for this broadcast was provided free of charge by” followed by the true a nd correct name and address of the donor. This Court cannot give weight to Eercito’s representation that his signature on the advertising contracts was a forgery. The issue is belated claim, raised only for the first time in this petition for certiorari. Likewise, whether the advertising contracts were executed without Ejercito’s knowledge and consent, and whether his signatures thereto were fraudulent, are issues of fact. Any factual challenge has no place in a Rule 65 petition. This Court is not a trier of facts and is not equipped to receive evidence and determine the truth of factual allegations. Having determined that the subject TV advertisements were done and broadcasted with Ejercito’s consent, it follows that Citizens United does not apply. In said US case, a non- profit corporation sued the Federal election Commission, assailing, among others the constitutional of a ban on corporate independent expenditures for electioneering communications under 2 U.S.C.S 441b.
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