G.R. No.

56515 April 3, 1981

UNITED DEMOCRATIC OPPOSITION (UNIDO), petitioner,

vs.
COMMISSION ON ELECTIONS (COMELEC), respondent.

BARREDO, J.:

FACTS

This is an appeal by the UNIDO, a political organization or aggrupation campaigning for

"NO" votes to the amendments to the Constitution of the Philippines of 1973 proposed
by the Batasang Pambansa, requested COMELEC to direct the tv/radio facilities to give
them the same prime time all over the country which were utilized by Marcos pursuant
to equal opportunity clause from the resolutions of the respondent Commission on
Elections dated March 18 and March 22, 1981.

As alleged in the petition:

Respondent COMELEC issued three (3) Resolutions all dated March 5,

1981, to wit:

(1) Resolution No. 1467 providing for Rules and Regulations for 'equal
opportunity' on public discussions and debates on the plebiscite questions
to be submitted to the people on April 7, 1981;

(2) Resolution No.1468 providing "equal time on the use of

the broadcast media (radio and television) in the plebiscite campaign"; and

(3) Resolution No.1469 providing for "equal space on the use of

the print media in the 1981 plebiscite of April 7, 1981"

2. Petitioner UNIDO addressed a letter dated 10 March 1981 to respondent COMELEC,

which reads:

Your Resolutions Nos. 1467, 1468 and 1469, all promulgated on March 5,
1981, provided for equal opportunity "on public discussion and debates on
the plebiscite", equal time "on the use of the broadcast media in the
plebiscite campaign" and equal space "on the use of the print media in the
1981 plebiscite".

The newspapers this morning have announced that President Marcos will
lead the campaign for "Yes" votes on the proposed constitutional
 amendments in the April 7 plebiscite in his nationwide "Pulong-Pulong sa
Pangulo" radio-television program on Thursday, March 12, from 9:30 to
11:30 P.M., which will be carried live by 26 television and 248 radio
stations throughout the country.

The undersigned, in behalf of the United Democratic Opposition (UNIDO),

hereby demand exactly the same number of TV and radio stations all over
the country at the earliest possible date, to campaign for 'No' votes in the
forthcoming plebiscite.

3. Likewise, on 17 March 1981, petitioner thru its undersigned legal counsel

addressed its second letter to respondent Commission on Elections, which
reads:

Pursuant to the letter of UNIDO dated 10 March 1981 requesting

for equal opportunity, the same prime time and number of TV and radio
stations all over the country which were utilized by President Marcos last
March 12 from 9:30 to 11:30 P.M., we wish to state that on Saturday,
March 21, the UNIDO will hold a public meeting at the Plaza Miranda,
Quiapo, Manila, and we hereby request that the same be covered by
radio and television from 9:30 to 11:30 P.M.

Very truly yours,

(SGD.) GERARDO ROXAS

(SGD.) J. B. LAUREL, JR.

4. Subsequently, on 17 March 1981, the Legal Counsel of the UNIDO, Ambrosio

Padilla, reiterated the UNIDO desire for coverage by media. The letter of the
UNIDO Legal Counsel reads

March 17, 1981

The Commission on Elections

Manila

Attention: CHAIRMAN VICENTE M. SANTIAGO, JR.

Gentlemen:

Pursuant to the letter of UNIDO dated 10 March 1981 requesting for equal
opportunity, the same prime time and number of TV and radio stations all
over the country which were utilized by President Marcos last March 12
from 9:30 to 11:30 P.M., we wish to state that on Saturday, March 21, the
 UNIDO will hold a public meeting at the Plaza Miranda, Quiapo, Manila,
and we hereby request that the same be covered by radio television from
9:30 to 11:30 P.M.

We trust that the radio and television facilities will be directed to comply
with this request.

Very truly yours,

(SGD.) AMBROSIO PADILLA

Legal Counsel, UNIDO

5. Respondent COMELEC issued its Resolution of March 18, 1981 quoting the
above letters of petitioner UNIDO, but held that they "cannot be granted
and the same is hereby denied." After due and careful deliberation, this
Commission holds, and hereby rules, that the demand of the UNIDO cannot
be granted and the same is hereby denied.

ISSUE:

Whether or not UNIDO was deprived of equal opportunity?

RULING

It is the considered view of this Commission that when President Marcos conducted his
'pulong-pulong' or consultation with the people on March 12, 1981, he did so in his
capacity as President Prime Minister of the Philippines and not as the head of any
political party. Under the Constitution, the 'Prime Minister and the Cabinet shall be
responsible . . . . for the program of government and shall determine the guidelines of
national policy' (Art. IX, Sec. 2 ). 'This Commission takes judicial notice of the fact that
the proposed amendments, subject of the President's remarks in the 'Pulong-Pulong
Pambansa' last March 12, 1981, were initiated under the leadership of Mr. Marcos as
President/Prime Minister in the exercise of his constitutional prerogative aforecited. In
fact, it was President/Prime Minister Ferdinand E. Marcos who issued the special call
for the Batasang Pambansa to convene as a constituent assembly to propose
amendments to the Constitution (Proclamation No. 2040 dated December 5, 1980).

It cannot be denied that seeking constitutional changes through the means sanctioned
by the Constitution constitutes a program of government imbued with the nature of
highest importance. The President/Prime Minister initiated this program of constitutional
remaking. It is, therefore, his corrollary prerogative to enlighten the people on the sense,
significance, necessity and nuance of the constitutional amendments which he wanted
the people to support. It would be an Idle, if not absurd proposition, to declare that the
President/Prime Minister is 'responsible for the program of government and the
guidelines of policy' and yet deprive him of the right and opportunity to inform and
enlighten the people of the rationale of such initiatives without at the same time granting
the same right to the opposition.

The UNIDO or any of its leaders does not have the same constitutional prerogatives
vested in the President/Prime Minister as above discussed. As such, it has no right to
'demand' equal coverage by media accorded President Marcos.

The UNIDO, however, is free to enter into appropriate contracts with the TV or radio
stations concerned. This Commission, however, cannot direct these media to grant free
use of their facilities. First of all, the Comelec cannot assume dictatorial powers and
secondly, the rule of equal time for campaigning as to duration and quality is not
applicable under the circumstances of this case, for the reasons above-stated.

WHEREFORE, premises considered, the "demand" of the UNIDO is hereby denied.

Let the Executive Director cause the implementation of this resolution.

SO ORDERED.