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BADOY vs. COMELEC (35 SCRA 285)
“Campaign, A. Lawful / Prohibited Election Propaganda”
Facts:
Anacleto D. Badoy, Jr. avers that he is a candidate for delegate totheConstitutional Convention for the lone district of North Cotabato. He praysthatSection 12(F) of RA 6132 be declared unconstitutional as the samedeniesindividuals, who are not candidates, their freedom of speech and of the press;andcandidates the right to speak and write, discuss and debate in favor of theircandidacies or against the candidacies of others. Section 12 (F) provides thattheComelec “shall endeavor to obtain free space from newspapers, magazinesandperiodicals which shall be known as Comelec space, and shall allocate thisspaceequally and impartially among all candidates within the areas in whichthenewspapers are circulated. Outside of said Comelec space, it shall be unlawfultoprint or publish, or cause to be printed or published, any advertisement,paidcomment or paid article in furtherance of or in opposition to the candidacy of anyperson for delegate, or mentioning the name of any candidate and the fact of hiscandidacy, unless all the names of all other candidates in the district in whichthecandidate is running are also mentioned with equal prominence.”ComelecResolution RR-724, as amended, merely restates the ban in Section 12 (F).
Issue:
Whether the ban in Section 12 (F) is valid or constitutional.
Held:
Under Section 12 (F), the moneyed candidate or individual who can afford topayfor advertisements, comments or articles in favor of his candidacy or againstthecandidacy of another or which mention his name and the fact of his candidacy,isrequired to mention all the other candidates in the same district withequalprominence, to exempt him from the penal sanction of the law. The evidentpurposeof the limitation is to give the poor candidates a fighting chance in the election. Therestriction is only one of the measures devised by the law to preserve suffragepureand undefiled and to achieve
“Campaign, A. Lawful / Prohibited Election Propaganda”
Facts:
Anacleto D. Badoy, Jr. avers that he is a candidate for delegate totheConstitutional Convention for the lone district of North Cotabato. He praysthatSection 12(F) of RA 6132 be declared unconstitutional as the samedeniesindividuals, who are not candidates, their freedom of speech and of the press;andcandidates the right to speak and write, discuss and debate in favor of theircandidacies or against the candidacies of others. Section 12 (F) provides thattheComelec “shall endeavor to obtain free space from newspapers, magazinesandperiodicals which shall be known as Comelec space, and shall allocate thisspaceequally and impartially among all candidates within the areas in whichthenewspapers are circulated. Outside of said Comelec space, it shall be unlawfultoprint or publish, or cause to be printed or published, any advertisement,paidcomment or paid article in furtherance of or in opposition to the candidacy of anyperson for delegate, or mentioning the name of any candidate and the fact of hiscandidacy, unless all the names of all other candidates in the district in whichthecandidate is running are also mentioned with equal prominence.”ComelecResolution RR-724, as amended, merely restates the ban in Section 12 (F).
Issue:
Whether the ban in Section 12 (F) is valid or constitutional.
Held:
Under Section 12 (F), the moneyed candidate or individual who can afford topayfor advertisements, comments or articles in favor of his candidacy or againstthecandidacy of another or which mention his name and the fact of his candidacy,isrequired to mention all the other candidates in the same district withequalprominence, to exempt him from the penal sanction of the law. The evidentpurposeof the limitation is to give the poor candidates a fighting chance in the election. Therestriction is only one of the measures devised by the law to preserve suffragepureand undefiled and to achieve