SUBSTANTIVE CONTENT OF THE RIGHT TO SUFFRAGE.

WHAT is involved in this case is the MOST SACRED OF SPEECH FORMS: expression by the electorate that tends TO ROUSE THE PUBLIC TO DEBATE CONTEMPORARY ISSUES.


"Embedded in the TARPAULIN, however, are OPINIONS expressed by petitioners. It is a SPECIE OF EXPRESSION PROTECTED BY OUR FUNDAMENTAL LAW. It is an expression designed to invite attention, CAUSE DEBATE , and hopefully, PERSUADE. It may be motivated by the interpretation of petitioners of their ecclesiastical duty, but their parishioner’s actions will have very real secular consequences. Certainly, PROVOCATIVE MESSAGES DO MATTER FOR THE ELECTIONS.

What is involved in this case is the MOST SACRED OF SPEECH FORMS: expression by the electorate that tends TO ROUSE THE PUBLIC TO DEBATE CONTEMPORARY ISSUES. This is NOT speech by candidates or political parties to entice votes. It is a portion of the electorate telling candidates the conditions for their election. It is the SUBSTANTIVE CONTENT OF THE RIGHT TO SUFFRAGE.

This. is a form of speech hopeful of a quality of democracy that we should all deserve. It is PROTECTED as a FUNDAMENTAL AND PRIMORDIAL RIGHT by our Constitution. The expression in the medium chosen by petitioners deserves our protection.

WHEREFORE, the instant petition is GRANTED. The temporary restraining order previously issued is hereby made permanent. The ACT OF THE COMELEC in issuing the assailed notice dated February 22, 2013 and letter dated February 27, 2013 is DECLARED UNCONSTITUTIONAL.

SO ORDERED.


MARVIC M.V.F. LEONEN
Associate Justice


WE CONCUR:

MARIA LOURDES P.A. SERENO
Chief Justice


ANTONIO T. CARPIO
Associate Justice 

PRESBITERO J. VELASCO, JR.
Associate Justice

TERESITA J. LEONARDO-DE CASTRO
Associate Justice 

ARTURO D. BRION*
Associate Justice

DIOSDADO M. PERALTA
Associate Justice 

LUCAS P. BERSAMIN
Associate Justice

MARIANO C. DEL CASTILLO
Associate Justice 

MARTN S. VILLARAMA, JR.
Associate Justice

JOSE PORTUGAL PEREZ
Associate Justice 

JOSE CATRAL MENDOZA
Associate Justice

BIENVENIDO L. REYES
Associate Justice

 ESTELA M. PERLAS-BERNABE
Associate Justice. "


Read :

THE DIOCESE OF BACOLOD, REPRESENTED BY THE MOST REV. BISHOP VICENTE M. NAVARRA and THE BISHOP HIMSELF IN HIS PERSONAL CAPACITY, Petitioners,

vs.

COMMISSION ON ELECTIONS AND THE ELECTION OFFICER OF BACOLOD CITY, ATTY. MAVIL V. MAJARUCON, Respondents.

EN BANC, G.R. No. 205728, January 21, 2015