**1-United Transport Koalisyon (1-UTAK) vs. COMELEC (758 Phil. 67)**
### Facts:
– **Passage of Law & Issuance of Resolution:** On February 12, 2001, Republic Act No. 9006 (Fair Elections Act) was passed, limiting election propaganda to specific public locations and private places with consent. On January 15, 2013, COMELEC promulgated Resolution No. 9615 detailing rules and prohibitions for campaign periods, particularly forbidding campaign materials on public utility vehicles (PUVs) and within public transport terminals.
– **Petitioner’s Request and Denial:** 1-UTAK, a party-list organization, sought clarification from COMELEC on January 30, 2013, about the ban on posting campaign materials on PUVs and transport terminals. COMELEC denied their request on February 5, 2013, referencing the Adiong case and arguing that PUVs and terminals fall under their regulatory supervision during elections.
– **Filing of Petition:** Dissatisfied with COMELEC’s rationale, 1-UTAK filed a petition for certiorari under Rule 64 and Rule 65 of the Rules of Court, contesting the constitutionality of the provisions in COMELEC Resolution No. 9615.
### Issue:
– Whether Section 7(g) items (5) and (6) of Resolution No. 9615, prohibiting election campaign materials on PUVs and public transport terminals, constitute a violation of the right to free speech.
– Whether the COMELEC’s regulation is supported by a substantial governmental interest without overly restricting free speech and if it properly distinguishes between public utility operations and ownership.
### Court’s Decision:
**1. Prior Restraint on Free Speech:**
– The provisions in question are prior restraints on speech, presumptively invalid, immediately impacting the right to express preferences and to advocate for political choices. Owners of PUVs and terminals were being unjustly curtailed from exhibiting their political support without facing punitive actions.
**2. Content-Neutral Regulation Analysis:**
– The regulation was considered content-neutral but failed constitutional requirements for such regulations. Although it aimed to further substantial governmental interests like ensuring fair electoral opportunities, the provision went beyond necessary restrictions, impacting ownership rights, not just operational rules.
**3. Regulation Beyond Constitutional Mandate:**
– Section 4, Article IX-C of the Philippine Constitution authorizes COMELEC to supervise franchises but not ownership per se. Restrictions on ownership of PUVs and terminals about election propaganda are unconstitutional as they extend beyond the scope of COMELEC’s powers.
**4. Captive-Audience Doctrine:**
– The doctrine was found inapplicable since commuters have the option to avoid exposure by ignoring campaign signs, unlike broadcast speech, which they can’t feasibly escape.
**5. Equal Protection Violation:**
– The classification of PUV and terminal owners is arbitrary, with no substantial distinction from private vehicle owners regarding expression. The imposed limitations are not germane to the legislative intent of equitable campaign opportunities.
### Doctrine:
**Constitutional Limits on COMELEC Powers:**
– COMELEC’s power under Section 4, Article IX-C of the Constitution extends to the regulation of public utility operations but not to ownership expressions like political decals and posters on PUVs.
**Free Speech and Equal Protection:**
– Any government action limiting the right to political expression is seen with suspicion and holds a high bar for justification. Equal protection underscores non-discriminatory application of laws among similarly situated entities.
### Class Notes:
– **Prior Restraint:** Legal restrictions on speech before it occurs are heavily presumed to be invalid.
– **Content-Neutral Test:**
1. Within governmental power.
2. Further substantial interest.
3. Unrelated to speech suppression.
4. No broader than necessary (O’Brien Test).
– **Equal Protection Clause Requirements:**
1. Based upon substantial distinctions.
2. Germane to legislative purpose.
3. Applies equally to all members of the class.
Statutes:
– **Section 4, Article IX-C:** “COMELEC may supervise/regulate…all franchises/permits for [PUVs]… to ensure equal opportunities in elections.”
– **Section 9, RA 9006:** **”Prohibition on campaign materials in common poster areas… size restrictions… authorization constraints.”
### Historical Background:
– The decision rests within the broader historical context of the Philippines safeguarding its electoral process post-EDSA Revolution, emphasizing equal access, and clean, fair elections. This case underscores the tension between regulatory control during elections and constitutionally protected freedoms of speech and property use, reflecting ongoing judicial balancing of state interests against individual rights.
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