Telecommunications and Broadcast Attorneys of the Philippines, Inc. vs.

COMELEC Article XII Section 11 FACTS

Petitioners challenge the validity of 92 of BP881 (Omnibus Election Code of the Philippines) on the ground (1) that it takes property without due process of law and without just compensation; (2) that it denies radio and television broadcast companies the equal protection of the laws; and (3) that it is in excess of the power given to the COMELEC to supervise or regulate the operation of media of communication or information during the period of election. o Section 92 provides that the COMELEC shall procure radio and television time which shall be allocated equally and impartially among the candidates. This is free of charge.

Petitioners contend that this provision violates the due process clause and the eminent domain provision of the Constitution because air time is taken without payment of just compensation. The primary source of revenue is the sale of air time to advertisers. In 1992, The GMA Network lost millions providing free air time due to this provision.

ISSUE

Whether or not Section 92 of B.P. No. 881 constitutes taking of property without due process of law and without just compensation.

HELD

RATIO

Petition is dismissed

All broadcasting stations is licensed by the government. This is, therefore, a franchise, which is a privilege subject to amendment by Congress in accordance with the constitutional provision that a franchise shall be subject to amendment by the Congress when the common good requires. o These radio and television broadcasting companies do not own the airwaves and frequencies through which they transmit broadcast signals and images. Through franchises, they are merely given the temporary privilege of using them. They are, therefore, burdened with the performance by the grantee of some form of public service. Article XII, Section 11 of the 1987 Constitution o This provision authorizes the amendment of franchises for the common good. In this case, the common good involved is for the voters who have the right to be fully informed of the issues in an election Article XII, Section 6 o The use of property bears a social function which shall be for the common good. Individuals shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good demands.

Chan/ Constitutional Law I

Telecommunications and Broadcast Attorneys of the Philippines, Inc. vs. COMELEC Article XII Section 11 the state spends considerable public funds in licensing and supervising such stations, it would be strange if it cannot even require the licensees to render public service

Chan/ Constitutional Law I