See - SC strikes down Comelec limit on campaign ads airtime - Linkis.com
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MANILA, Philippines - (UPDATE2- 4:02 PM) The Supreme Court on Tuesday struck down the air time limit on campaign ads imposed by the Commission on Elections, assailing the poll body's actions on the matter as "arbitrary."
The Court voted unanimously to "partially" grant the petitions filed by GMA Network, ABC Development Corp., ABS-CBN, Manila Broadcasting Company and the Kapisanan ng mga Brodkaster ng Pilipinas challenging the Comelec resolution 9615 as amended by Resolution 9631, according to SC spokesman Atty. Theodore Te.
The Court voted unanimously to "partially" grant the petitions filed by GMA Network, ABC Development Corp., ABS-CBN, Manila Broadcasting Company and the Kapisanan ng mga Brodkaster ng Pilipinas challenging the Comelec resolution 9615 as amended by Resolution 9631, according to SC spokesman Atty. Theodore Te.
As a result of the unanimous vote to strike down Section 9(a) of the assailed resolution, the Court declared "permanent" the temporary restraining order it issued against Comelec dated April 16, 2013.
The high tribunal declared "null and void" a provision of the Comelec Resolution 9615 as amended by Resolution 9631, for the arbitrary manner the poll body had changed the old regulation measuring the cap on airtime from a "per-station" limit to aggregate total.
The high tribunal declared "null and void" a provision of the Comelec Resolution 9615 as amended by Resolution 9631, for the arbitrary manner the poll body had changed the old regulation measuring the cap on airtime from a "per-station" limit to aggregate total.
The Court also deemed that provision a violation of the freedom of the press, speech and expression, but clarified that the resolution was only partially struck down - or specifically, its Section 9 (a).
Besides the arbitrary manner by which Comelec changed the previous regulation from “per station” to “aggregate total” and the violation of freedom of expression, speech and of the press, among the reasons relied upon by the Court in striking down Section 9(a) are: "(c) the violation of the people’s right to suffrage; (d) the absence of prior hearing before adoption."
The Court sustained the other challenged sections of the Resolution because these did not impose an unreasonable burden on the broadcast industry and the provision of the right to reply is reasonable under the circumstances, according to Atty. Te.
The Court sustained the other challenged sections of the Resolution because these did not impose an unreasonable burden on the broadcast industry and the provision of the right to reply is reasonable under the circumstances, according to Atty. Te.
The SC said other provisions of the resolution would remain.
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