National Press Club V Comelec

207 SCRA 835

Facts:
R.A. 6646 was enacted which prohibits any newspaper, radio, any person
making the use of media to sell or give free of charge of space or time for political
purpose except COMELEC Petitioners who were representatives of mass media
assails its constitutionality on the ground that it amounts to censorship because it
singles out for suppression only publications of a particular content and it abridges
freedom of speech of candidates.
Issue:
WON R.A. 6646 is valid.
Held:
Yes, the law banning political ads has since been repealed but the court made
important observation which is still pertinent.
The technical effects of Art. IX (C) (4) of the constitution may be seen to that
no presumption of invalidity arises in respect of exercise of supervisory or
regulatory authority on the part of the COMELEC for the purpose of serving equal
opportunity among candidates for political office, although such supervision or
regulation may result in same limitation of the rights of free speech and free press.
The applicable issue is the general, time honored are that statute is presumed to be
constitutional that party asserting unconstitutionality must discharge the burden of
clearly and convincing, proving that assertion.
Section II has not gone outside the permissible brands of supervision and
regulation of media operations. During election period Sec. II is limited in duration of
applicability and enforceability. Sec. II doesnt purport in any way to restrict the
reporting by newspapers and radio or TV stations on news events relating to
qualified political parties.