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    ABS-CBN V COMELEC

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    Kirk Labowski
    The Commission on Elections (COMELEC) issued a resolution approving a restraining order to stop ABS-CBN from conducting exit polls during the 1998 elections. ABS-CBN challenged the resolution. The Supreme Court ruled that while ensuring orderly elections is important, COMELEC's total ban on exit polls violated freedom of expression. Conducting exit polls does not disrupt elections if done properly. Other reasonable ways exist for COMELEC to achieve its goal without a total ban.

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    ABS-CBN V COMELEC

    Uploaded by

    Kirk Labowski
    35 views2 pages
    The Commission on Elections (COMELEC) issued a resolution approving a restraining order to stop ABS-CBN from conducting exit polls during the 1998 elections. ABS-CBN challenged the resolution. The Supreme Court ruled that while ensuring orderly elections is important, COMELEC's total ban on exit polls violated freedom of expression. Conducting exit polls does not disrupt elections if done properly. Other reasonable ways exist for COMELEC to achieve its goal without a total ban.

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    ABS-CBN v COMELEC

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    The Commission on Elections (COMELEC) issued a resolution approving a restraining order to stop ABS-CBN from conducting exit polls during the 1998 elections. ABS-CBN challenged the resolution. The Supreme Court ruled that while ensuring orderly elections is important, COMELEC's total ban on exit polls violated freedom of expression. Conducting exit polls does not disrupt elections if done properly. Other reasonable ways exist for COMELEC to achieve its goal without a total ban.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views2 pages

    ABS-CBN V COMELEC

    Uploaded by

    Kirk Labowski
    The Commission on Elections (COMELEC) issued a resolution approving a restraining order to stop ABS-CBN from conducting exit polls during the 1998 elections. ABS-CBN challenged the resolution. The Supreme Court ruled that while ensuring orderly elections is important, COMELEC's total ban on exit polls violated freedom of expression. Conducting exit polls does not disrupt elections if done properly. Other reasonable ways exist for COMELEC to achieve its goal without a total ban.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    ABS-CBN v COMELEC

    Facts:
    COMELEC issued a Resolution approving the issuance of a restraining order to stop ABS CBN or any other
    groups, its agents or representatives from conducting exit surveys. The Resolution was issued by
    the Comelec allegedly upon "information from a reliable source that ABS-CBN (Lopez Group) has
    prepared a project, with PR groups, to conduct radio-TV coverage of the elections and to make an exit
    survey of the vote during the elections for national officials particularly for President and Vice President,
    results of which shall be broadcasted immediately.” The electoral body believed that such project might
    conflict with the official Comelec count, as well as the unofficial quick count of the National Movement
    for Free Elections (Namfrel). It also noted that it had not authorized or deputized ABS-CBN to undertake
    the exit survey.
    Two days before the elections on May 11, 1998, the Court issued the Temporary Restraining Order
    prayed for by petitioner ABS-CBN. The Comelec was directed to cease and desist, until further orders,
    from implementing the assailed Resolution or the restraining order issued pursuant thereto, if any. In
    fact, the exit polls were actually conducted and reported by media without any difficulty or problem.

    Issues:
    Whether or not the Respondent Commission acted with grave abuse of discretion amounting to a lack or
    excess of jurisdiction when it approved the issuance of a restraining order enjoining the petitioner or
    any [other group], its agents or... representatives from conducting exit polls during the May 11 elections.
    May the Comelec, in the exercise of its powers, totally ban exit polls?

    Ruling:
    The issue is not totally moot.
    its implications on the people's fundamental freedom of expression transcend the past election.
    To set aside the resolution of the issue now will only postpone a task that could well crop up again in
    future elections.
    This Court, however, has ruled in the past that this procedural requirement may be glossed over to
    prevent a miscarriage of justice, when the issue involves the principle of social justice or the protection
    of labor, when the decision or resolution sought to be set aside is a nullity, or when the need for relief is
    extremely urgent and certiorari is the only adequate and speedy remedy available.
    An exit poll is a species of electoral survey conducted by qualified individuals or groups of individuals for
    the purpose of determining the probable result of an election by confidentially asking randomly selected
    voters whom they have voted for, immediately after they have... officially cast their ballots.
    Admittedly, no law prohibits the holding and the reporting of exit polls.
    The freedom of expression is a fundamental principle of our democratic government. It "is a 'preferred'
    right and, therefore, stands on a higher level than substantive economic or other liberties.
    Our Constitution clearly mandates that no law shall be passed abridging the freedom of speech or of the
    press.
    The freedom of expression is a means of assuring individual self-fulfillment, of attaining the truth, of
    securing participation by the people in social and political decision-making, and of maintaining the
    balance between stability and change. It represents a profound commitment to the principle that
    debates on public issues should be uninhibited, robust, and wide open.
    The absolute ban imposed by the Comelec cannot, therefore, be justified. It does not leave open any
    alternative channel of communication to gather the type of information obtained through exit polling.
    On the other hand, there are other valid and reasonable ways and means to achieve the Comelec end of
    avoiding or minimizing disorder and confusion

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