GMA NETWORK, INC.

, Petitioner,

vs.

COMMISSION ON ELECTIONS, Respondent.

G.R. No. 205357 September 2, 2014

PONENTE: Peralta

TOPIC: Freedom of expression, of speech and of the press, airtime limits

FACTS:

The five (5) petitions before the Court put in issue the alleged unconstitutionality
of Section 9 (a) of COMELEC Resolution No. 9615 limiting the broadcast and radio
advertisements of candidates and political parties for national election positions to an
aggregate total of one hundred twenty (120) minutes and one hundred eighty (180)
minutes, respectively. They contend that such restrictive regulation
on allowablebroadcast time violates freedom of the press, impairs the people’s right to
suffrage as well as their right to information relative to the exercise of their right to choose
who to elect during the forth coming elections

Section 9 (a) provides for an “aggregate total” airtime instead of the previous
“per station” airtime for political campaigns or advertisements, and also required prior
COMELEC approval for candidates’ television and radio guestings and appearances.

ISSUE:

Whether or not Section 9 (a) of COMELEC Resolution No. 9615 on airtimelimits

violates freedom of expression, of speech and of the press.

HELD:

YES. The Court held that the assailed rule on “aggregate-based” airtime limits
is unreasonable and arbitrary as it unduly restricts and constrains the ability of candidates
and political parties to reach out and communicate with the people. Here, the adverted
reason for imposing the “aggregate-based” airtime limits – leveling the playing field –
does not constitute a compelling state interest which would justify such a substantial
restriction on the freedom of candidates and political parties to communicate their
ideas, philosophies, platforms and programs of government. And, this is specially so in
the absence of a clear-cut basis for the imposition of such a prohibitive measure.

It is also particularly unreasonable and whimsical to adopt the aggregate-based

time limits on broadcast time when we consider that the Philippines is not only composed
of so many islands. There are also a lot of languages and dialects spoken among the
citizens across the country. Accordingly, for a national candidate to really reach out to as
many of the electorates as possible, then it might also be necessary that he conveys his
message through his advertisements in languages and dialects that the people may more
readily understand and relate to. To add all of these airtimes in different dialects would
greatly hamper the ability of such candidate to express himself – a form of suppression of
his political speech.