2 GR # 208062

Social Weather Stations, Inc. and Pulse Asia, Inc. v.
Commission on Elections: A Case of Election Surveys and Free Speech
Source: Supreme Court of the Philippines, G.R. No. 208062, April 7, 2015
Author: Justice Leonen
Theme: This case examines the constitutionality of the Commission on Elections' (COMELEC) Resolution No. 9674, which
requires election survey firms to disclose the names of their subscribers. The case delves into the balance between free
speech and the regulation of election surveys to ensure fair elections.
Core Points:
- The COMELEC's Resolution No. 9674 requires survey firms like SWS and Pulse Asia to disclose the names of all
commissioners, payors, and subscribers of published election surveys.
- SWS and Pulse Asia challenged the resolution, arguing it is ultra vires, violates their free speech rights, and impairs
contracts.
- The Supreme Court upheld the validity of Resolution No. 9674, finding it a valid regulation under the Fair Election Act
(RA 9006).
- The Court ruled that the disclosure requirement is necessary to ensure equal access to opportunities for public service
and to prevent the manipulation of public opinion through election surveys.
- However, the Court found that the resolution was promulgated in violation of the Fair Election Act's time frame and
that petitioners were not properly served with copies of the resolution or the criminal complaint filed against them,
violating their right to due process.
Key Arguments:
- COMELEC's Argument: The COMELEC argued that it has broad discretion to enforce election laws and that Section
5.2(a) of the Fair Election Act requires the disclosure of subscribers, including those who did not directly commission or
pay for a specific survey.
- Petitioners' Argument: Petitioners argued that the Fair Election Act only requires disclosure of those who commission
or pay for a specific survey and that the COMELEC's interpretation exceeds its authority. They also claimed that the
resolution violates their free speech rights, impairs contracts, and was enforced without due process.
Supreme Court's Reasoning:
- Validity of Disclosure Requirement: The Court found that the disclosure requirement is a valid regulation under the Fair
Election Act, which aims to ensure equal access to opportunities for public service and to prevent the manipulation of
public opinion through election surveys. The Court recognized the potential influence of election surveys on voter
behavior, particularly the bandwagon effect, and the need to prevent the dominance of wealthy candidates or groups.
- Free Speech and Political Equality: The Court balanced the petitioners' right to free speech with the government's
interest in ensuring political equality. It concluded that the disclosure requirement promotes political equality by
providing transparency and preventing the undue influence of wealthy individuals or groups on election surveys.
- Non-Impairment of Contracts: The Court held that the non-impairment clause of the Constitution must yield to the
exercise of police power in the interest of public welfare. It reasoned that contracts are deemed to be made in reference
to the possible exercise of the government's regulatory powers.
- Due Process Violations: The Court found that the COMELEC violated the petitioners' right to due process by failing to
comply with the Fair Election Act's time frame for promulgating the resolution and by not properly serving them with
copies of the resolution and the criminal complaint.
Significance:
This case clarifies the legal framework surrounding the regulation of election surveys in the Philippines. It affirms the
COMELEC's authority to regulate election surveys to ensure fair elections and recognizes the potential influence of
surveys on voter behavior. However, it also emphasizes the importance of due process and fair procedures in enforcing
such regulations.
Additional Information:
- The Court's decision highlights the ongoing debate about the impact of election surveys on democracy and the need to
balance free speech with the need to ensure fair elections.
- The case also underscores the importance of transparency and accountability in the conduct of election surveys.
- The Court's recognition of the potential for the bandwagon effect to influence voter behavior provides valuable insights
into the dynamics of public opinion in the context of elections.

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Social Weather Stations, Inc. and Pulse Asia, Inc. v.

Commission on Elections: A Case of Election Surveys and Free Speech

Author: Justice Leonen

Supreme Court's Reasoning:

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