PHILIPPINE PRESS INSTITUTE, INC., for and in behalf of 139 members, represen ed b! i s Presiden , "mado P.

#a$asae and i s E%e$& i'e (ire$ or Ermin ). *ar$ia, +r., petitioner 's. C,##ISSI,N ,N ELECTI,NS, respondent *.R. No. L-119.9/ #a! 00, 1991 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 ma e nown their !ualifications, their stand on public "ssue and their platforms of government. The Comelec space shall also be used by the Commission for dissemination of vital election information. #etitioner #hilippine #ress "nstitute, "nc. $##"%, a non-profit organi&ation of newspaper and maga&ine publishers, as s the 'upreme 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 ta ing of private property for public use without (ust compensation. )n behalf of the respondent Comelec, the 'olicitor *eneral claimed that the Resolution is a permissible e+ercise 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: ,hether or not Comelec Resolution No. 2772 is unconstitutional. Held: The 'upreme Court declared the Resolution as unconstitutional. "t held that to compel print media companies to donate -Comelec space. amounts to -ta ing. of private personal property without payment of the (ust compensation re!uired in e+propriation cases. /oreover, the element of necessity for the ta ing has not been established by respondent Comelec, considering that the newspapers were not unwilling to sell advertising space. The ta ing of private property for public use is authori&ed by the constitution, but not without payment of (ust compensation. 0lso Resolution No. 2772 does not constitute a valid e+ercise of the police power of the state. "n the case at bench, there is no showing of e+istence of a national emergency to ta e private property of newspaper or maga&ine publishers.