PHILIPPINE PRESS INSTITUTE VS.

COMELEC [244

of supervision (police power) of the Comelec over

SCRA 272; G.R. No. 119694; 22 May 1995]

the information operations of print media

enterprises during the election period to

Saturday, January 31, 2009 Posted by Coffeeholic

safeguard and ensure a fair, impartial and

Writes

credible election.

Labels: Case Digests, Political Law

Facts: Respondent Comelec promulgated

Issue:

Resolution No. 2772 directing newspapers to

provide free Comelec space of not less than one-

Whether or not Comelec Resolution No. 2772 is

half page for the common use of political parties

unconstitutional.

and candidates. The Comelec space shall be

allocated by the Commission, free of charge,
among all candidates to enable them to make

Held: The Supreme Court declared the Resolution

known their qualifications, their stand on public

as unconstitutional. It held that to compel print

Issue and their platforms of government. The

media companies to donate Comelec space

Comelec space shall also be used by the

amounts to taking of private personal property

Commission for dissemination of vital election

without payment of the just compensation

information.

required in expropriation cases. Moreover, the

element of necessity for the taking has not been

Petitioner Philippine Press Institute, Inc. (PPI), a

established by respondent Comelec, considering

non-profit organization of newspaper and

that the newspapers were not unwilling to sell

magazine publishers, asks the Supreme Court to

advertising space. The taking of private property

declare Comelec Resolution No. 2772

for public use is authorized by the constitution,

unconstitutional and void on the ground that it

but not without payment of just compensation.

violates the prohibition imposed by the

Also Resolution No. 2772 does not constitute a

Constitution upon the government against the

valid exercise of the police power of the state. In

taking of private property for public use without

the case at bench, there is no showing of

just compensation. On behalf of the respondent

existence of a national emergency to take private

Comelec, the Solicitor General claimed that the

property of newspaper or magazine publishers.

Resolution is a permissible exercise of the power