Propaganda. - It Is Unlawful: XXX XXX XXX

Adiong v.
COMELEC o As of Feb 22, 1992 (date of

G.R. No. 103956 | March 31, 1992 petition), he has not received
Gutierrez, Jr., J. | Group 2 Gueco any notice from any of the
Topic: Freedom of Expression and Free Speech Election Registrars in the entire
(Sec 4 in relation to Sec 7 Art III 1987 country as to the location of the
Constitution) supposed “Comelec Poster
Areas”
Facts Issue
 January 13, 1992 – COMELEC W/N COMELEC may prohibit the posting of
promulgated Resolution No. 2347 decals and stickers on “mobile” places, public or
 Sec 15(a) & Sec 21(f): private, and limit their location or publication to
Sec. 15. Lawful Election Propaganda. — The the authorized posting areas that it fixes NO.
following are lawful election propaganda:
Held
(a) Pamphlets, leaflets, cards, decals, stickers,
handwritten or printed letters, or other The COMELEC’s prohibition is null and void on
written or printed materials not more than constitutional grounds.
eight and one-half (8-1/2) inches in width and
fourteen (14) inches in length. Provided, That
decals and stickers may be posted only in FIRST. The prohibition unduly infringes on the
any of the authorized posting citizen's fundamental right of free speech
areas provided in paragraph (f) of Section 21 enshrined in the Constitution. There is no public
hereof.
Sec. 21(f). Prohibited forms of election
interest substantial enough to warrant the kind
propaganda. — It is unlawful: xxx xxx xxx of restriction involved in this case.
 free speech  accorded status of a
(f) To draw, paint, inscribe, post, display or preferred freedom
publicly exhibit any election propaganda in
any place, whether public or private, mobile o it is the matrix, the
or stationary, except in the COMELEC indispensable condition of
common posted areas and/or billboards, at nearly every other freedom
the campaign headquarters of the candidate
or political party, organization or coalition, or  We have adopted the principle that
at the candidate's own residential house or debate on public issues should be
one of his residential houses, if he has more uninhibited, robust, and wide open and
than one: Provided, that such posters or
election propaganda shall not exceed two (2)
that it may well include vehement,
feet by three (3) feet in size. caustic and sometimes unpleasantly
 Petitioner Blo Umpar Adiong, a sharp attacks on government and public
senatorial candidate in the May 11, officials.
1992 elections, assails the COMELEC  The period of legitimate campaign
Resolution activity is fairly limited, so unduly
o Violative of Sec 82 Omnibus restrictive regulations may prove unfair
Election Code (re: lawful to affected parties and the electorate.
election propaganda) and Sec  When faced with border line situations
11(a) RA 6646 (re: prohibited where freedom to speak by a
forms of election propaganda) candidate or party and freedom to
o As a neophyte in the field of know on the part of the electorate are
politics, he stands to suffer invoked against actions intended for
grave and irreparable injury maintaining clean and free elections,
the police, local officials and COMELEC, exceptionally convincing and
should lean in favor of freedom. irrefutable.
 National Press Club v. COMELEC – we  The provisions allowing regulation are
examine the limits of regulation and not so loosely worded that they include the
the limits of free speech posting of decals or stickers in the
 The posting of decals and stickers in privacy of one's living room or
mobile places does not endanger any bedroom. This is delegation running
substantial government interest. riot.
o Clear and present danger rule
 The regulation strikes at the freedom THIRD. The constitutional objective to give a
of an individual to express his rich candidate and a poor candidate equal
preference and, by displaying it on his opportunity to inform the electorate as
car, to convince others to agree with regards their candidacies, mandated by
him. Article II, Section 26 and Article XIII, section
o A sticker may be furnished by a 1 in relation to Article IX (c) Section 4 of the
candidate but once the car Constitution, is not impaired by posting
owner agrees to have it placed decals and stickers on cars and other
on his private vehicle, the private vehicles.
expression becomes a
statement by the owner  The posting of decals and stickers on
moving vehicles needs the consent of
SECOND. The questioned prohibition premised the owner of the vehicle.
on the statute and as couched in the resolution o What is crucial is the preference
is void for overbreadth. of the citizen, not the financial
 Void for overbreadth  "it offends the resources of the candidate.
constitutional principle that a  The owner has the rights to freely
governmental purpose to control or express his choice and exercise his right
prevent activities constitutionally of free speech. He can even prepare his
subject to state regulations may not be own decals or stickers for posting on his
achieved by means which sweep personal property.
unnecessarily broadly and thereby o To strike down this right and
invade the area of protected enjoin it is impermissible
freedoms." encroachment of his liberties.
 The restriction is so broad that it  In sum, the prohibition on posting of
encompasses even the citizen's private decals and stickers on "mobile" places
property (privately-owned vehicle) whether public or private except in the
o Section 1, Article III of the Bill of authorized areas designated by the
Rights would also be violated COMELEC becomes censorship which
 The right to property may be subject to cannot be justified by the Constitution.
a greater degree of regulation but when
this right is joined by a "liberty" WHEREFORE, the petition is hereby GRANTED.
interest, the burden of justification on
the part of the Government must be
Separate Opinion
Cruz, J. Concurring
 Instead of limiting the dissemination of
information on the election issues and
the qualifications of those vying for
public office, what the Commission on
Elections should concentrate on is the
education of the voters on the proper
exercise of their suffrages.
 The real threat in the present election is
the influx of the unqualified
professional entertainers whose only
asset is the support of their drooling
fans, the demagogues who drumbeat to
the clink of coins their professed
present virtues and past innocence, the
opportunists for whom flexibility is a
means of political survival and even of
financial gain, and, most dangerous of
all, the elements of our electorate who
would, with their mindless ballots,
impose these office-seekers upon the
nation.

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Adiong v.

COMELEC o As of Feb 22, 1992 (date of

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