CAMBA, Meeko Angela R.

27 May 2016

2014-09379

BC 100 Exam
Case Analysis: ABS-CBN vs. Comelec

I.

Facts:

ABS-CBN Broadcasting Corporation petitioned for certiorari under rule 65 of

the Rules of Court to assail the Commission on Elections (Comelec) en banc
Resolution No. 98-1419 dated April 21, 1998
The Resolution approves the issuance of a restraining order to prevent ABSCBN and other media groups from conducting exit polls during the May 11
elections.
II.

Issues:

- Whether or not the Comelec acted with grave abuse of discretion when it
issued the Resolution to restrict ABS-CBN and other media groups from
conducting exit polls
- Whether or not holding exit polls during the election day is valid
III.

Decision:

The court sided with the petition and made permanent the TRO it earlier issued
to nullify Resolution 98-1419, citing freedom of expression as a preferred right
and therefore stands on a higher level than substantive economic or other liberties.
Furthermore, it said exit pollsprovided they were properly conducted and
publicizedcan aid in eliminating the evils of election-fixing and fraud.
IV.

I agree with the courts decision.

Freedom of expression and of the press are fundamental constitutional rights

that outweigh the reasons (confusion and damage to credibility) provided by
Comelec. Although there is merit in its concern in protecting the secrecy and
sanctity of the ballot, curtailing the freedom of expression and of the press pose
grave danger to the democratic rights of the Filipino people. The Comelec can
simply impose its own countermeasures to ensure the protection of its electorate, as
well as to set some standards to which external organizations must adhere to
should they conduct their own surveys. I also agree that surveys which are
independent from the government, if executed and publicized properly, will aid the
people in monitoring the integrity and quality of the elections.