Specifically the petitions question the

Info icon This preview shows pages 308–310. Sign up to view the full content.

Specifically, the petitions question the constitutionality of the limitations placed on aggregate airtime allowed to candidates and political parties, as well as the requirements incident thereto, such as the need to report the same, and the sanctions imposed for violations. The five (5) petitions before the Court put in issue the alleged unconstitutionality of Section 9 (a) of COMELEC Resolution No. 9615 (Resolution) 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 people's 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. The heart of the controversy revolves upon the proper interpretation of the limitation on the number of minutes that candidates may use for television and radio advertisements, as provided in Section 6 of Republic Act No. 9006 (R.A. No. 9006), otherwise known as the Fair Election Act.
Image of page 308

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

POLITICAL LAW CASE DIGESTS 308 During the previous elections of May 14, 2007 and May 10, 2010, COMELEC issued Resolutions implementing and interpreting Section 6 of R.A. No. 9006, regarding airtime limitations, to mean that a candidate is entitled to the aforestated number of minutes "per station."7 For the May 2013 elections, however, respondent COMELEC promulgated Resolution No. 9615 dated January 15, 2013, changing the interpretation of said candidates' and political parties' airtime limitation for political campaigns or advertisements from a "per station" basis, to a "total aggregate" basis. COMELEC Resolution No. 9615 introduced a radical departure from the previous COMELEC resolutions relative to the airtime limitations on political advertisements. This essentially consists in computing the airtime on an aggregate basis involving all the media of broadcast communications compared to the past where it was done on a per station basis. Thus, it becomes immediately obvious that there was effected a drastic reduction of the allowable minutes within which candidates and political parties would be able to campaign through the air. The question is accordingly whether this is within the power of the COMELEC to do or not. The Court holds that it is not within the power of the COMELEC to do so. a. Past elections and airtime limits The authority of the COMELEC to impose airtime limits directly flows from the Fair Election Act (R.A. No. 9006 [2001])32 - one hundred (120) minutes of television advertisement and one-hundred· eighty (180) minutes for radio advertisement. For the 2004 elections, the respondent COMELEC promulgated Resolution No. 652033 implementing the airtime limits by applying said limitation on a per station basis. Such manner of determining airtime limits was likewise adopted for the 2007 elections, through Resolution No. 7767. In the 2010 elections, under Resolution No. 8758,36 the same was again adopted. But for the 2013
Image of page 309
Image of page 310
This is the end of the preview. Sign up to access the rest of the document.
  • Winter '15
  • Atty. Ignacio
  • Candide

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern