1-UTAK v. COMELEC (2015)

1-UNITED TRANSPORT KOALISYON (1-UTAK), Petitioner,
vs.
COMMISSION ON ELECTIONS, Respondent.
FACTS:
In 2013, the COMELEC promulgated Resolution 9615 providing rules that would implement Sec 9 of
RA 9006 or the Fair Elections Act. One of the provisions of the Resolution provide that the posting of
any election propaganda or materials during the campaign period shall be prohibited in public utility
vehicles (PUV) and within the premises of public transport terminals. 1 UTAK, a party-list
organization, questioned the prohibition as it impedes the right to free speech of the private owners of
PUVs and transport terminals.
HELD:
Resolution is prior restraint to free speech
Resolution No. 9615 unduly infringe on the fundamental right of the people to freedom of speech.
Central to the prohibition is the freedom of individuals, i.e., the owners of PUVs and private transport
terminals, to express their preference, through the posting of election campaign material in their
property, and convince others to agree with them.
Pursuant to the assailed provisions of Resolution No. 9615, posting an election campaign material
during an election period in PUVs and transport terminals carries with it the penalty of revocation of
the public utility franchise and shall make the owner thereof liable for an election offense.
The prohibition constitutes a clear prior restraint on the right to free expression of the owners of PUVs
and transport terminals. As a result of the prohibition, owners of PUVs and transport terminals are
forcefully and effectively inhibited from expressing their preferences under the pain of indictment for
an election offense and the revocation of their franchise or permit to operate. t is now deeply embedded
in our jurisprudence that freedom of speech and of the press enjoys a preferred status in our hierarchy
of rights. The rationale is that the preservation of other rights depends on how well we protect our
freedom of speech and of the press.12 It has been our constant holding that this preferred freedom calls
all the more for utmost respect when what may be curtailed is the dissemination of information to make
more meaningful the equally vital right of suffrage.
Captive Audience Doctrine inapplicable
The captive-audience doctrine states that when a listener cannot, as a practical matter, escape from
intrusive speech, the speech can be restricted. The captive-audience doctrine recognizes that a
listener has a right not to be exposed to an unwanted message in circumstances in which the
communication cannot be avoided.
A regulation based on the captive-audience doctrine is in the guise of censorship, which undertakes
selectively to shield the public from some kinds of speech on the ground that they are more offensive
than others. Such selective restrictions have been upheld only when the speaker intrudes on the privacy
of the home or the degree of captivity makes it either impossible or impractical for the unwilling
viewer or auditor to avoid exposure.
Thus, a government regulation based on the captive-audience doctrine may not be justified if the
supposed captive audience may avoid exposure to the otherwise intrusive speech. The prohibition
under Resolution No. 9615 is not justified under the captive-audience doctrine; the commuters are not
forced or compelled to read the election campaign materials posted on PUVs and transport terminals.
Nor are they incapable of declining to receive the messages contained in the posted election campaign
materials since they may simply avert their eyes if they find the same unbearably intrusive.
Prohibition is not a content-neutral regulation
A content-neutral regulation, i.e., which is merely concerned with the incidents of the speech, or one
that merely controls the time, place or manner, and under well-defined standards, is constitutionally
permissible, even if it restricts the right to free speech, provided that the following requisites concur:
1.The government regulation is within the constitutional power of the Government;
2.It furthers an important or substantial governmental interest;
3.The governmental interest is unrelated to the suppression of free expression; and
4.The incidental restriction on freedom of expression is no greater than is essential to the furtherance of
that interest.
The restriction on free speech of owners of PUVs and transport terminals is not necessary to a stated
governmental interest. First, while Resolution 9615 was promulgated by the COMELEC to implement
the provisions of Fair Elections Act, the prohibition on posting of election campaign materials on PUVs
and transport terminals was not provided for therein. Second, there are more than sufficient provisions
in our present election laws that would ensure equal time, space, and opportunity to candidates in
elections. Hence, one of the requisites of a valid content-neutral regulation was not satisfied.
Prohibition violative of equal protection clause
Resolution No. 9615 do not only run afoul of the free speech clause, but also of the equal protection
clause. The classification remains constitutionally impermissible since it is not based on substantial
distinction and is not germane to the purpose of the law. A distinction exists between PUVs and
transport terminals and private vehicles and other properties in that the former, to be considered as
such, needs to secure from the government either a franchise or a permit to operate. Nevertheless, as
pointed out earlier, the prohibition imposed under Section 7(g) items (5) and (6) of Resolution No.
9615 regulates the ownership per se of the PUV and transport terminals; the prohibition does not in any
manner affect the franchise or permit to operate of the PUV and transport terminals.
As regards ownership, there is no substantial distinction between owners of PUVs and transport
terminals and owners of private vehicles and other properties. As already explained, the ownership of
PUVs and transport terminals, though made available for use by the public, remains private. If owners
of private vehicles and other properties are allowed to express their political ideas and opinion by
posting election campaign materials on their properties, there is no cogent reason to deny the same
preferred right to owners of PUVs and transport terminals. In terms of ownership, the distinction
between owners of PUVs and transport terminals and owners of private vehicles and properties is
merely superficial. Superficial differences do not make for a valid classification.
The fact that PUVs and transport terminals are made available for use by the public is likewise not
substantial justification to set them apart from private vehicles and other properties. Admittedly, any
election campaign material that would be posted on PUVs and transport terminals would be seen by
many people. However, election campaign materials posted on private vehicles and other places
frequented by the public, e.g.,commercial establishments, would also be seen by many people. Thus,
there is no reason to single out owners of PUVs and transport terminals in the prohibition against
posting of election campaign materials.

1-UTAK v. COMELEC (2015)

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1-UNITED TRANSPORT KOALISYON (1-UTAK), Petitioner,

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