Abs-Cbn Broadcasting Corporation v. Commission on Elections
NEW DOCTRINEFacts
The Antecedents: The Commission on Elections (Comelec) issued Resolution No. 98-1419, approving the issuance of a restraining order to stop ABS-CBN Broadcasting Corporation (ABS-CBN) or any other group from conducting exit polls and disseminating their results. The Comelec acted upon information that ABS-CBN planned to conduct an exit survey for the national elections, believing it might conflict with official and unofficial counts and noting that ABS-CBN was not authorized. Procedural History: On May 9, 1998, the Supreme Court issued a Temporary Restraining Order (TRO) directing the Comelec to cease and desist from implementing its Resolution. The exit polls were conducted and reported by media without difficulty. The Petition: ABS-CBN filed a Petition for Certiorari under Rule 65 of the Rules of Court, assailing the Comelec Resolution for allegedly acting with grave abuse of discretion amounting to a lack or excess of jurisdiction in enjoining the conduct of exit polls.
Issue(s)
Whether 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 from conducting exit polls during the May 11 elections, specifically regarding the exercise of freedoms of speech and of the press. Whether the petition is moot and academic, or premature due to the failure to seek a reconsideration of the assailed Comelec Resolution. What are the conditions and standards for the justification of a restriction on freedom of expression, and what alternative measures could the Comelec implement for exit polls? Whether the conduct of exit polls violates the sanctity and secrecy of the ballot. Whether the Comelec's total ban on exit polls can be justified based on potential dangers such as confusion or undermining the electoral process.
Ruling
The Petition is GRANTED. The Temporary Restraining Order issued by the Court on May 9, 1998, is made PERMANENT. Assailed Minute Resolution No. 98-1419 issued by the Comelec en banc on April 21, 1998, is NULLIFIED and SET ASIDE.
Ratio Decidendi
On the issue of grave abuse of discretion: The Court held that the holding of exit polls and the dissemination of their results are valid exercises of the freedoms of speech and of the press. The Comelec's total ban was an overbroad restriction that gravely abused its discretion. The Court reiterated that freedom of expression is a preferred right and any restriction must be justified by a clear and present danger of a substantive evil that the state has a right to prevent. The Comelec's arguments that exit polls sow confusion, are unreliable, and destroy the credibility of elections were deemed speculative and untenable. The Court emphasized that exit polls are not meant to replace official counts and are separate from the elections themselves. On the issue of mootness and prematurity: The Court ruled that the petition is not totally moot. While the assailed Resolution referred to a specific election, its implications on fundamental freedoms of expression transcend past elections. The issue could arise again in future elections. The Court also held that the procedural requirement of filing a motion for reconsideration could be bypassed to prevent a miscarriage of justice, especially when the issue involves transcendental constitutional issues and the time for relief was extremely limited, as in this case where the Resolution was issued only twenty days before the election and petitioner received a copy only eleven days prior. On the justification for a restriction on freedom of expression and alternative measures: The Court stated that a limitation on freedom of expression may be justified only by a danger of such substantive character that the state has a right to prevent. The danger must be clear and present, meaning very likely to be inevitable. The evil sought to be avoided must be so substantive as to justify a clamp over one's mouth or a restraint of a writing instrument. The government's interest in protecting the right to vote must far outweigh the restriction on freedoms of speech and press. The Court found that the Comelec's ban was not narrowly tailored and left no alternative channels of communication. The Court suggested that instead of an absolute ban, the Comelec could implement specific measures such as designating limited areas for polls, allowing only professional survey groups, keeping pollsters at a reasonable distance, requiring pollsters to inform voters they can refuse interviews and that the poll is not part of the official process, requiring distinctive clothing for pollsters, and undertaking an information campaign. Petitioner ABS-CBN's own precautions, such as releasing results only the day after the elections, were also noted as contributing to abating fears. On the violation of ballot secrecy: The Court clarified that exit polls do not indirectly transgress the sanctity and secrecy of the ballot. The revelation of whom an elector has voted for is voluntary and confidential, and the contents of the official ballot are not exposed. The Court noted that narrowly tailored countermeasures could be prescribed by the Comelec to minimize problems without transgressing fundamental rights. On the Comelec's ban on exit polls: The Court stated that a limitation on freedom of expression may be justified only by a danger of such substantive character that the state has a right to prevent. The danger must be clear and present, meaning very likely to be inevitable. The evil sought to be avoided must be so substantive as to justify a clamp over one's mouth or a restraint of a writing instrument. The government's interest in protecting the right to vote must far outweigh the restriction on freedoms of speech and press.
Main Doctrine
The holding of exit polls and the dissemination of their results through mass media constitute an essential part of the freedoms of speech and of the press, and the Commission on Elections (Comelec) cannot ban them totally. Narrowly tailored countermeasures may be prescribed by the Comelec to minimize or suppress incidental problems without transgressing fundamental rights.