BLO UMPAR ADIONG, vs. COMMISSION ON ELECTIONS.
- G.R. Number: G.R. No. 103956
- Promulgated: 1992-03-31
- Ponente: Gutierrez, Jr., J.
Doctrine
Freedom to distribute information must be fully preserved; overbroad restrictions on dissemination of ideas amount to unconstitutional censorship.
A regulation that invades private property rights by forbidding posting on private property violates due process and cannot be justified as a blanket restriction.
Posting decals or stickers on vehicles implicates the owner's consent and free expression; ownership preference is crucial and cannot be preempted by a sweeping ban.
Facts
COMELEC promulgated Resolution No. 2347 on 13 January 1992 pursuant to its constitutional and statutory powers regulating election propaganda.
The resolution prohibited posting of decals and stickers on any place, including mobile places whether public or private, except in areas designated by COMELEC.
Section 21 and related provisions limited election propaganda to common poster areas, campaign headquarters, or the candidate's residence, and prescribed size limits for posters and streamers.
Issues
Whether the COMELEC may prohibit posting of decals and stickers on "mobile" places, public or private, and limit their location to COMELEC-authorized posting areas.
Ruling
The petition is granted; the portion of Section 15(a) of Resolution No. 2347 requiring that "decals and stickers may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21 hereof" is declared null and void.
The prohibition was held to be so broad that it encompassed private property (e.g., privately owned vehicles), offending due process and freedom of speech principles.
Keywords
G.R. No. 103956, BLO UMPAR ADIONG, petitioner, vs. COMMISSION ON ELECTIONS, respondent, Resolution No. 2347, Omnibus Election Code, Republic Act No. 6646, Republic Act No. 7166, Section 15(a) of Resolution No. 2347, Section 21(f) of Resolution No. 2347, Section 82 of the Omnibus Election Code, Section 11(a) of Republic Act No. 6646, prohibition on posting of decals and stickers on "mobile" places, freedom of speech, Section 4, Article III of the Constitution, preffered freedom, Thomas v. Collins, 323 US 516, Mutuc v. Commission on Elections, 36 SCRA 228, Palko v. Connecticut, 302 U.S. 319, Salonga v. Paño, 134 SCRA 438, New York Times Co. v. Sullivan, 376 U.S. 254, Babst v. National Intelligence Board, 132 SCRA 316