CASE DIGEST : Sanidad Vs Comelec time and space, and the right to reply, including

reasonable, equal rates therefor, for public

Facts: information campaigns and forums among
candidates are ensured. Neither Article IX-C of
On October 23, 1989, Republic Act No. 6766,
the Constitution nor Section 11 (b), 2nd par. of
entitled "AN ACT PROVIDING FOR AN ORGANIC
R.A. 6646 can be construed to mean that the
ACT FOR THE CORDILLERA AUTONOMOUS
Comelec has also been granted the right to
REGION" was enacted into law. The Commission
supervise and regulate the exercise by media
on Elections, by virtue of the power vested by
practitioners themselves of their right to
the 1987 Constitution, the Omnibus Election
expression during plebiscite periods. Media
Code (BP 881), said R.A. 6766 and other
practitioners exercising their freedom of
pertinent election laws, promulgated Resolution
expression during plebiscite periods are neither
No. 2167, to govern the conduct of the
the franchise holders nor the candidates. In fact,
plebiscite on the said Organic Act for the
there are no candidates involved in a plebiscite.
Cordillera Autonomous Region. In a petition
Therefore, Section 19 of Comelec Resolution No.
dated November 20, 1989, herein petitioner
2167 has no statutory basis. While the limitation
Pablito V. Sanidad, who claims to be a
does not absolutely bar petitioner's freedom of
newspaper columnist of the "OVERVIEW" for the
expression, it is still a restriction on his choice of
BAGUIO MIDLAND COURIER, a weekly
the forum where he may express his view. No
newspaper circulated in the City of Baguio and
reason was advanced by respondent to justify
the Cordilleras, assailed the constitutionality of
such abridgement. We hold that this form of
Section 19 of Comelec Resolution No. 2167,
regulation is tantamount to a restriction of
which provides: Section 19. Prohibition on
petitioner's freedom of expression for no
columnists, commentators or announcers. —
justifiable reason. Plebiscite issues are matters
During the plebiscite campaign period, on the
of public concern and importance. The people's
day before and on the plebiscite day, no mass
right to be informed and to be able to freely and
media columnist, commentator, announcer or
intelligently make a decision would be better
personality shall use his column or radio or
served by access to an unabridged discussion of
television time to campaign for or against the
the issues, including the forum. The people
plebiscite issues It is alleged by petitioner that
affected by the issues presented in a plebiscite
said provision is void and unconstitutional
should not be unduly burdened by restrictions
because it violates the constitutional guarantees
on the forum where the right to expression may
of the freedom of expression and of the press
be exercised. Comelec spaces and Comelec radio
enshrined in the Constitution.
time may provide a forum for expression but
Issue : they do not guarantee full dissemination of
information to the public concerned because
WON the said Section 19 of resolution No 2167 they are limited to either specific portions in
is unconstitutional. newspapers or to specific radio or television
times
Held:

it is clear from Art. IX-C of the 1987 Constitution

that what was granted to the Comelec was the
power to supervise and regulate the use and
enjoyment of franchises, permits or other grants
issued for the operation of transportation or
other public utilities, media of communication or
information to the end that equal opportunity,