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GMA NETWORK v. COMELEC

G.R. No. 195229 | 09 OCTOBER 2012
Special civil action in the SC; certiorari and prohibition.
Justice Peralta
FACTS

This case involves 5 petitions all alleging the constitutionality of Section 9 (a) of
COMELEC Resolution No. 9615, which provides for the limitations in the broadcast and
radio advertisements of candidates and political parties for national election positions
to an aggregate total of 120 minutes and 180 minutes, respectively.
HELD ISSUE

Whether the COMELEC has the authority to reduce the allowable minutes within which candidates
and political parties would be able to campaign, as provided in the subject resolution.

NO.

There is no question that the COMELEC is the office constitutionally and statutorily
RATIO

authorized to enforce election laws but it cannot exercise its powers without limitations
or reasonable basis. It could not simply adopt measures or regulations just because it
feels that it is the right thing to do, insofar as it might be concerned. It does have
discretion, but such discretion is something that must be exercised within the bounds