The Supreme Court declared Comelec Resolution 2772 unconstitutional. The resolution directed newspapers to provide free half-page election spaces, which the Court ruled amounted to an unconstitutional taking of private property without just compensation. While the government can take private property for public use, it must provide payment. The resolution also did not validly exercise the state's police power, as there was no showing of a national emergency necessitating the taking of newspaper property.
The Supreme Court declared Comelec Resolution 2772 unconstitutional. The resolution directed newspapers to provide free half-page election spaces, which the Court ruled amounted to an unconstitutional taking of private property without just compensation. While the government can take private property for public use, it must provide payment. The resolution also did not validly exercise the state's police power, as there was no showing of a national emergency necessitating the taking of newspaper property.
The Supreme Court declared Comelec Resolution 2772 unconstitutional. The resolution directed newspapers to provide free half-page election spaces, which the Court ruled amounted to an unconstitutional taking of private property without just compensation. While the government can take private property for public use, it must provide payment. The resolution also did not validly exercise the state's police power, as there was no showing of a national emergency necessitating the taking of newspaper property.
The Supreme Court declared Comelec Resolution 2772 unconstitutional. The resolution directed newspapers to provide free half-page election spaces, which the Court ruled amounted to an unconstitutional taking of private property without just compensation. While the government can take private property for public use, it must provide payment. The resolution also did not validly exercise the state's police power, as there was no showing of a national emergency necessitating the taking of newspaper property.
Fundamental Powers of the State Respondent Comelec
FACTS: promulgated Resolution no. 2772 directing newspapers to HELD: provide free Comelec space of not less than one- half page for the common use of political parties The Supreme Court declared the and candidates. The Comelec space shall be Resolution as unconstitutional. It held that to allocated by the Commission, free of charge, compel print media companies to donate among all candidates to enable them to make “Comelec space” amounts to “taking” of private known their qualifications, their stand on public personal property without payment of the just issue and their platforms of government. The compensation required in expropriation cases. Comelec space shall also be used by the Moreover, the element for the taking has not Commission for dissemination of vital election been established by respondent Comelec, information. considering that the newspapers are not unwilling to sell advertising space. The taking of Petitioner Philippine Press Institute, Inc. private property for public use is authorized by (PPI), a non-profit organization of newspaper the constitution, but not without payment of just and magazine publishers, asks the Supreme compensation. Also Resolution No. 2772 does Court to declare Comelec Resolution 2772 not constitute a valid exercise of the police unconstitutional and void on gthe ground that it power of the state. In such case at bench, there is violates the prohibition imposed by the no showing of exixtence of national emergency Constitution upon the government against the to take private property of newspapers or taking of private property for public use without magazine publishers. just compensation. On behalf of the res[ondent Comelec, the Solicitor General claimed that the Note: Resolution is permissible exercise of the power Violation of art. III, sec. 9 of the Phil. of supervision (police power) of the Comelec Constitution: over the information operations of print media “Sec.9. Private property shall not be enterprises during the election period to taken for public use without just compensation.” safeguard and ensure a fair, impartial and credible election.