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    Digest 2

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    Mark David Dacula

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    Digest 2

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    Mark David Dacula
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    Digest2

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    Digest 2

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    Mark David Dacula

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    © All Rights Reserved
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    TELECOMMUNICATIONS AND BROADCAST ATTORNEYS OF

    THE PHILIPPINES, INC. and GMA NETWORK, INC., v. THE


    COMMISSION ON ELECTIONS
    G.R. No. 132922
    (April 21, 1998)

    PONENTE MENDOZA, J.
    FACTS: The petitioner TELEBAP is an organization of lawyers of radio
    and television broadcasting companies and GMA operates
    radio and television broadcasting stations throughout the
    Philippines under a franchise granted by Congress.
    Petitioners challenge the validity of §90 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.
    Sec. 90 of B.P. Blg. 881 provides:

    Sec. 92. Comelec time. — The commission shall procure


    radio and television time to be known as "Comelec Time"
    which shall be allocated equally and impartially among the
    candidates within the area of coverage of all radio and
    television stations. For this purpose, the franchise of all radio
    broadcasting and television stations are hereby amended so
    as to provide radio or television time, free of charge, during
    the period of the campaign. (Sec. 46, 1978 EC)

    ISSUES: Whether Sec. 92 of B.P. Blg. No. 881 violates the equal
    protection clause

    S.C. NO. All broadcasting, whether by radio or by television


    DECISION stations, is licensed by the government. Airwave frequencies
    have to be allocated as there are more individuals who want
    to broadcast than there are frequencies to assign. 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.”

    In truth, radio and television broadcasting companies, which


    are given franchises, do not own the airwaves and
    frequencies through which they transmit broadcast signals
    and images. They are merely given the temporary privilege
    of using them. Since a franchise is a mere privilege, the
    exercise of the privilege may reasonably be burdened with
    the performance by the grantee of some form of public
    service.

    In the granting of the privilege to operate broadcast stations


    and thereafter supervising radio and television stations, the
    state spends considerable public funds in licensing and
    supervising such stations. It would be strange if it cannot
    even require the licensees to render public service by giving
    free air time.

    There are important differences in the characteristics of the


    two media, however, which justify their differential treatment
    for free speech purposes. Because of the physical limitations
    of the broadcast spectrum, the government must, of
    necessity, allocate broadcast frequencies to those wishing to
    use them. There is no similar justification for government
    allocation and regulation of the print media.

    In the allocation of limited resources, relevant conditions


    may validly be imposed on the grantees or licensees. The
    reason for this is that, as already noted, 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.

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