TELECOMMUNICATIONS AND BROADCAST ATTORNEYS OF THE PHILIPPINES,

INC. and GMA NETWORK, INC., petitioners, vs. THE COMMISSION ON ELECTIONS,
respondent.
G.R. No. 132922 April 21, 1998

FACTS:

Petitioner Telecommunications and Broadcast Attorneys of the Philippines (TELEBAP),

Inc. and GMA Network, Inc. (GMA) challenges the validity of 92 of B.P. Blg. No. 881 which

requires that:

B.P. Blg. 881, (Omnibus Election Code) Sec. 92. Comelec time. The commission shall

procure radio and television time to be known as "Comelec Time" which shall be allocated

equally and impartially among the candidates within the area of coverage of all radio and

television stations. For this purpose, the franchise of all radio broadcasting and television stations

are hereby amended so as to provide radio or television time, free of charge, during the period of

the campaign. (Sec. 46, 1978 EC). 92 states that air time shall be procured by the COMELEC

free of charge.

ISSUE:

WON 92 is in excess of the power given to the COMELEC to supervise or regulate the

operation of media of communication or information during the period of election.

RULING:

No. The power to supervise or regulate given to the COMELEC under Art. IX-C, 4 of

the Constitution does not include the power to prohibit. In the first place, what the COMELEC is

authorized to supervise or regulate by Art. IX-C, 4 of the Constitution, among other things, is

the use by media of information of their franchises or permits, while what Congress (not the

COMELEC) prohibits is the sale or donation of print space or air time for political ads. In other

words, the object of supervision or regulation is different from the object of the prohibition. It is

another fallacy for petitioners to contend that the power to regulate does not include the power to

prohibit.