The Supreme Court upheld the validity of Commission on Elections (COMELEC) Resolution No. 9674, which requires the disclosure of names of those who commission or pay for election surveys, including subscribers of survey firms. This decision balances the right to free speech with the constitutional mandate to ensure equal access to opportunities for public service. While affirming the importance of transparency in election surveys, the Court also emphasized that COMELEC must respect due process rights, and the resolution was enforced in violation of petitioners’ rights, leading the court to enjoin COMELEC from prosecuting the petitioners for past non-compliance.
Election Polls Under Scrutiny: Can Subscriber Lists Level the Playing Field?
This case revolves around COMELEC Resolution No. 9674, which directed Social Weather Stations, Inc. (SWS) and Pulse Asia, Inc., to submit the names of commissioners, payors, and “subscribers” of election surveys. SWS and Pulse Asia challenged the resolution, arguing that it exceeded the scope of the Fair Election Act and violated their rights. The central legal question is whether the requirement to disclose the names of survey subscribers infringes on free speech and impairs contractual obligations, or whether it is a valid regulation to ensure fair elections.
The Supreme Court began its analysis by examining the **Fair Election Act** (Republic Act No. 9006), specifically Section 5.2(a), which mandates the disclosure of the name of the person, candidate, party, or organization who commissioned or paid for the survey. The court emphasized that the law aims to “guarantee equal access to opportunities for public service” and to regulate the media to ensure fair elections, reflecting the constitutional policy articulated in Article II, Section 26 of the 1987 Constitution.
The Court recognized the potential impact of election surveys on voter behavior, noting that surveys can shape voter preferences through effects like the bandwagon effect. It underscored that surveys are not merely descriptive aggregations of data, but also act as a means to influence voters. The court also noted that, in Philippine politics, these surveys can either entrench or marginalize certain candidates, emphasizing the need for equality in access to information and influence.
“The inclusion of election surveys in the list of items regulated by the Fair Election Act is a recognition that election surveys are not a mere descriptive aggregation of data. Publishing surveys are a means to shape the preference of voters, inform the strategy of campaign machineries, and ultimately, affect the outcome of elections. Election surveys have a similar nature as election propaganda.”
The Court emphasized the role of the Fair Election Act in promoting equality in the electoral process, recognizing that the ideal of deliberative democracy requires fair and equitable access to information. It invoked the equality-based approach to weighing the right to free expression against the need for political equality, allowing for regulations that promote a level playing field.
“In an equality-based approach, ‘politically disadvantaged speech prevails over regulation[,] but regulation promoting political equality prevails over speech.’ This view allows the government leeway to redistribute or equalize ‘speaking power,’ such as protecting, even implicitly subsidizing, unpopular or dissenting voices often systematically subdued within society’s ideological ladder.”
Addressing the argument that the resolution constituted prior restraint, the Court clarified that Resolution No. 9674 does not prohibit or censor election surveys. It merely regulates the manner of publication by requiring disclosure of those who commissioned or paid for the survey, including subscribers. The Court also rejected the claim that the disclosure requirement is unduly burdensome, noting that survey firms have been complying with similar requirements since the Fair Election Act was enacted in 2001.
The Court further addressed the argument that Resolution No. 9674 violates the constitutional prohibition against impairing the obligation of contracts. It stated that the non-impairment clause is limited by the exercise of the state’s police power, which allows regulations in the interest of public welfare. The incorporation of regulations into contracts is a postulate of the police power of the State.
“[W]hile non-impairment of contracts is constitutionally guaranteed, the rule is not absolute, since it has to be reconciled with the legitimate exercise of police power, i.e., ‘the power to prescribe regulations to promote the health, morals, peace, education, good order or safety and general welfare of the people.’”
However, the Court found that COMELEC violated Section 13 of the Fair Election Act by stipulating that Resolution No. 9674 should take effect immediately after publication, rather than on the seventh day after publication. More critically, the Court found that COMELEC failed to serve copies of Resolution No. 9674 and the criminal complaint on petitioners, which violated their right to due process.
The Court then reasoned:
“By its own reasoning, COMELEC admits that petitioners were never actually served copies of Resolution No. 9674 after it was promulgated on April 23, 2013. It insists, however, that this flaw has been remedied by service to petitioners of the May 8, 2013 Notice which reproduced Resolution No. 9674’s dispositive portion.”
The Supreme Court has consistently held that administrative due process requires that persons be served a copy of any resolution/order that affects their rights, or any order of which they are required to comply. In issuing a subpoena, the Court agreed with the petitioners that the COMELEC was overreaching and violating the principle of due process. Thus, while the Court affirmed the validity of the law, the COMELEC were enjoined from prosecuting the petitioners.
FAQs
| What was the key issue in this case? | The key issue was whether COMELEC’s requirement to disclose the names of subscribers to election surveys infringed on free speech and impaired contractual obligations. |
| What did COMELEC Resolution No. 9674 require? | It required survey firms to submit the names of commissioners, payors, and subscribers of election surveys published during a specific period. |
| What is the significance of Section 5.2(a) of the Fair Election Act? | This section mandates the disclosure of those who commissioned or paid for election surveys, promoting transparency. |
| What is the “bandwagon effect” in the context of election surveys? | The bandwagon effect refers to voters rallying to support the candidate leading in the polls, influencing voter preferences. |
| How did the Court balance free speech and fair elections? | The Court applied an equality-based approach, allowing regulations that promote political equality to prevail over speech. |
| Did the Court consider Resolution No. 9674 a prior restraint? | No, the Court clarified that the resolution did not prohibit or censor election surveys, but merely regulated the manner of publication. |
| What was the Court’s ruling on the effectivity of Resolution No. 9674? | The Court ruled that COMELEC failed to implement the requirements under the Fair Election Act, which states it must be seven days after publication. |
| Why did the Court enjoin COMELEC from prosecuting the petitioners? | The Court enjoined COMELEC as it failed to serve copies of Resolution No. 9674 and the criminal complaint on petitioners, violating their right to due process. |
In conclusion, the Supreme Court’s decision underscores the importance of balancing free speech with the need for fair and transparent elections. While the disclosure requirements are valid, COMELEC must ensure compliance with due process to ensure that its actions are constitutional. This case provides crucial guidance on the permissible scope of regulations concerning election surveys.
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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SOCIAL WEATHER STATIONS, INC. AND PULSE ASIA, INC. VS. COMMISSION ON ELECTIONS, G.R. No. 208062, April 07, 2015