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    Abs-Cbn Vs Comelec: Macias, Krystal Ann Kriziah D

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    Krystal Macias
    The Commission on Elections (Comelec) issued a resolution restraining ABS-CBN from conducting exit polls during the 1998 elections due to concerns it could conflict with official results. ABS-CBN challenged this, arguing it violated freedom of the press. The Supreme Court ruled in favor of ABS-CBN, finding that for a restriction on speech to be valid, the danger prevented must be both clear and present, which exit polls did not pose. Exit polls are randomly selected and not a replacement for official results. Allowing them can help ensure honest elections rather than disrupt the process. The Comelec therefore abused its discretion in restricting the exit polls.

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    Abs-Cbn Vs Comelec: Macias, Krystal Ann Kriziah D

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    Krystal Macias
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    The Commission on Elections (Comelec) issued a resolution restraining ABS-CBN from conducting exit polls during the 1998 elections due to concerns it could conflict with official results. ABS-CBN challenged this, arguing it violated freedom of the press. The Supreme Court ruled in favor of ABS-CBN, finding that for a restriction on speech to be valid, the danger prevented must be both clear and present, which exit polls did not pose. Exit polls are randomly selected and not a replacement for official results. Allowing them can help ensure honest elections rather than disrupt the process. The Comelec therefore abused its discretion in restricting the exit polls.

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    The Commission on Elections (Comelec) issued a resolution restraining ABS-CBN from conducting exit polls during the 1998 elections due to concerns it could conflict with official results. ABS-CBN challenged this, arguing it violated freedom of the press. The Supreme Court ruled in favor of ABS-CBN, finding that for a restriction on speech to be valid, the danger prevented must be both clear and present, which exit polls did not pose. Exit polls are randomly selected and not a replacement for official results. Allowing them can help ensure honest elections rather than disrupt the process. The Comelec therefore abused its discretion in restricting the exit polls.

    Copyright:

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

    Abs-Cbn Vs Comelec: Macias, Krystal Ann Kriziah D

    Uploaded by

    Krystal Macias
    The Commission on Elections (Comelec) issued a resolution restraining ABS-CBN from conducting exit polls during the 1998 elections due to concerns it could conflict with official results. ABS-CBN challenged this, arguing it violated freedom of the press. The Supreme Court ruled in favor of ABS-CBN, finding that for a restriction on speech to be valid, the danger prevented must be both clear and present, which exit polls did not pose. Exit polls are randomly selected and not a replacement for official results. Allowing them can help ensure honest elections rather than disrupt the process. The Comelec therefore abused its discretion in restricting the exit polls.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Macias, Krystal Ann Kriziah D.

    ABS- CBN vs COMELEC


    G.R. No. 133486 January 28, 2000 ABS-CBN BROADCASTING CORPORATION, petitioner, vs.
    COMMISSION ON ELECTIONS, respondent.

    Facts : Petition for Certiorari under Rule 65 of the Rules of Court assailing Commission on Elections
    (Comelec) en banc Resolution No. 98-14191 dated April 21, 1998. In the said Resolution, the poll body
    RESOLVED to approve the issuance of a restraining order to stop ABS-CBN or any other groups, its
    agents or representatives from conducting such exit survey and to authorize the Honorable Chairman
    to issue the same. The Resolution was issued by the Comelec allegedly upon "information from a
    reliable source that ABS-CBN (Lopez Group) has prepared a project, with PR groups, to conduct radio-
    TV coverage of the elections . . . and to make [an] exit survey of the . . . vote during the elections for
    national officials particularly for President and Vice President, results of which shall be [broadcast]
    immediately." The electoral body believed that such project might conflict with the official Comelec
    count, as well as the unofficial quick count of the National Movement for Free Elections (Namfrel). It
    also noted that it had not authorized or deputized Petitioner ABS-CBN to undertake the exit survey. On
    May 9, 1998, this Court issued the Temporary Restraining Order prayed for by petitioner. We directed
    the Comelec to cease and desist, until further orders, from implementing the assailed Resolution or the
    restraining order issued pursuant thereto, if any. In fact, the exit polls were actually conducted and
    reported by media without any difficulty or problem.

    Issue : "Whether or not the Respondent Commission acted with grave abuse of discretion amounting
    to a lack or excess of jurisdiction when it approved the issuance of a restraining order enjoining the
    petitioner or any [other group], its agents or... representatives from conducting exit polls during the x x
    x May 11 elections."

    Held : two theoretical test in determining the validity of restrictions to such freedoms, as follows: These
    are the "clear and present danger" rule and the "dangerous tendency" rule. means that the evil
    consequence of the comment or utterance must be "extremely serious and the degree of imminence
    extremely high" before the utterance can be punished. The danger to be guarded against is the
    "substantive evil" sought to be prevented. . . The "dangerous tendency" rule, on the other hand, . . if
    the words uttered create a dangerous tendency which the state has a right to prevent, then such words
    are punishable. It is not necessary that some definite or immediate acts of force, violence, or
    unlawfulness be advocated. It is sufficient that such acts be advocated in general terms. Nor is it
    necessary that the language used be reasonably calculated to incite persons to acts of force, violence,
    or unlawfulness. It is sufficient if the natural tendency and probable effect of the utterance be to bring
    about the substantive evil which the legislative body seeks to prevent A limitation on the freedom of
    expression may be justified only by a danger of such substantive character that the state has a right to
    prevent. Unlike in the "dangerous tendency" doctrine, the danger must not only be clear but also
    present. "Present" refers to the time element; the danger must not only be probable but very likely to
    be inevitable. The evil sought to be avoided must be so substantive as to justify a clamp over one's
    mouth or a restraint of a writing instrument By the very nature of a survey, the interviewees or
    participants are selected at random, so that the results will as much as possible be representative or
    reflective of the general sentiment or view of the community or group polled. Second, the survey result
    is not meant to replace or be at par with the official Comelec count. It consists merely of the opinion of
    the polling group as to who the electorate in general has probably voted for, based on the limited data
    gathered from polled individuals. Finally, not at stake here are the credibility and the integrity of the
    elections, which are exercises that are separate and independent from the exit polls. The holding and
    the reporting of the results of exit polls cannot undermine those of the elections, since the former is only
    part of the latter. If at all, the outcome of one can only be indicative of the other. With the foregoing
    premises, The SC conclude that the interest of the state in reducing disruption is outweighed by the
    drastic abridgment of the constitutionally guaranteed rights of the media and the electorate. Quite the
    contrary, instead of disrupting elections, exit polls — properly conducted and publicized — can be vital
    tools for the holding of honest, orderly, peaceful and credible elections; and for the elimination of
    election-fixing, fraud and other electoral ills.

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