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    Telecom and Broadcast Attorneys vs. COMELEC

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    Dana Denisse Ricaplaza
    This document summarizes a Supreme Court case from the Philippines regarding a challenge to Section 92 of B.P. Blg. 881, which required radio and television broadcast companies to provide free air time to the Commission on Elections (COMELEC) for political candidates' campaigns. Petitioners argued this violated due process and equal protection. The court ruled that requiring free air time was not unconstitutional, as broadcasting is licensed and regulated by the government in a way print media is not, so different treatment is justified.

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    Telecom and Broadcast Attorneys vs. COMELEC

    Uploaded by

    Dana Denisse Ricaplaza
    459 views2 pages
    This document summarizes a Supreme Court case from the Philippines regarding a challenge to Section 92 of B.P. Blg. 881, which required radio and television broadcast companies to provide free air time to the Commission on Elections (COMELEC) for political candidates' campaigns. Petitioners argued this violated due process and equal protection. The court ruled that requiring free air time was not unconstitutional, as broadcasting is licensed and regulated by the government in a way print media is not, so different treatment is justified.

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    This document summarizes a Supreme Court case from the Philippines regarding a challenge to Section 92 of B.P. Blg. 881, which required radio and television broadcast companies to provide free air time to the Commission on Elections (COMELEC) for political candidates' campaigns. Petitioners argued this violated due process and equal protection. The court ruled that requiring free air time was not unconstitutional, as broadcasting is licensed and regulated by the government in a way print media is not, so different treatment is justified.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    459 views2 pages

    Telecom and Broadcast Attorneys vs. COMELEC

    Uploaded by

    Dana Denisse Ricaplaza
    This document summarizes a Supreme Court case from the Philippines regarding a challenge to Section 92 of B.P. Blg. 881, which required radio and television broadcast companies to provide free air time to the Commission on Elections (COMELEC) for political candidates' campaigns. Petitioners argued this violated due process and equal protection. The court ruled that requiring free air time was not unconstitutional, as broadcasting is licensed and regulated by the government in a way print media is not, so different treatment is justified.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Telecom and Broadcast Attorneys vs.

    COMELEC
    289 SCRA 337; G.R. No. 132922; 21 Apr. 1998

    Facts:

    Petitioner Telecommunications and Broadcast Attorneys of the Philippines, Inc, an organization


    of lawyers of radio and television broadcasting companies, and GMA Network, Inc., who
    operates radio and television broadcasting stations throughout the Philippines under a franchise
    granted by Congress, challenged the validity of section 92 of B.P. Blg. 881 on the ground (1)
    that it takes property without due process of law and without just compensation; (2) that it
    denies radio and television broadcast companies the equal protection of the laws; and (3) that it
    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.

    The case was accepted even though only GMA Network, Inc. has the legal standing to sue.
    Sec. 92 of B.P. Blg. 881 requiring radio and television broadcast companies to provide free air
    time to the COMELEC for the use of candidates for campaign and other political purposes. GMA
    Network Inc. contend that such provision constitute taking without just compensation.

    Petitioners further complain that it singles out radio and television stations to provide free air
    time. They contend that newspapers and magazines are not similarly required as, in fact,
    in Philippine Press Institute v.COMELEC, thus violates the equal protection clause.

    Issue:

    Whether or not Sec. 92 of B.P. No. 881 denies radio and television broadcast companies the
    equal protection of laws

    Ruling:

    The idea that broadcast stations may be required to provide COMELEC Time free of charge is
    not new. Petitioners' argument that it violates due process and equal protection is without merit,
    All broadcasting, whether by radio or by television stations, is licensed by the government. The
    government spends public funds for the allocation and regulation of the broadcast industry,
    which it does not do in the case of the print media. To require the radio and television broadcast
    industry to provide free air time for the COMELEC Time is a fair exchange for what the industry
    gets.It cannot be said that it is discriminatory, for the two industries have different circumstances
    that must be given different treatment, otherwise shall be arbitrary.

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