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Telecom V Comelec

The Supreme Court ruled that Section 92 of the Omnibus Election Code, which requires broadcast media companies to provide free airtime to political candidates, does not violate the franchises of broadcast companies. The Court found that the franchise of a broadcast company is a privilege granted by the government that is subject to amendment by Congress when required by public interest. Ensuring free airtime for political candidates benefits voters and the public interest in an informed electorate.

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112 views1 page

Telecom V Comelec

The Supreme Court ruled that Section 92 of the Omnibus Election Code, which requires broadcast media companies to provide free airtime to political candidates, does not violate the franchises of broadcast companies. The Court found that the franchise of a broadcast company is a privilege granted by the government that is subject to amendment by Congress when required by public interest. Ensuring free airtime for political candidates benefits voters and the public interest in an informed electorate.

Uploaded by

dwight yu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1. Telecom v.

COMELEC, 289 SCRA 337 (1998)

Facts: Petitioner Telecommunications and Broadcast Attorneys of the Philippines, Inc. is an organization of lawyers of radio and
television broadcasting companies. The other petitioner, GMA Network, Inc., operates radio and television broadcasting stations
throughout the Philippines under a franchise granted by Congress.

Petitioners challenge the validity of Section 92 of B.P. Blg. No. 881 that the requirement that radio and television time be given
free takes property without due process of law.

The law prohibits mass media from selling or donating print space and air time to the candidates and requires the COMELEC instead
to procure print space and air time for allocation to the candidates. It will be noted that while 90 of B.P. Blg. 881 requires the
COMELEC to procure print space which, as we have held, should be paid for, 92 states that air time shall be procured by the
COMELEC free of charge.

Issue: W/N the terms violate the franchise of this public utility (media)?

Ruling:

No. Art. XII, 11 of the Constitution authorizes the amendment of franchises for the common good. It is a better measure conceived
for the common good, one for free air time for the benefit not only of candidates but even more of the public, particularly the
voters, so that they will be fully informed of the issues in an election. [I]t is the right of the viewers and listeners, not the right of
the broadcasters, which is paramount.

Main Point:
All broadcasting, whether by radio or by television stations, is licensed by the government. A franchise is thus a privilege subject,
among other things, to amended by Congress in accordance with the constitutional provision that "any such franchise or right granted
. . . shall be subject to amendment, alteration or repeal by the Congress when the common good so requires.

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