Skip to main content

Case Digest: ABS-CBN v. COMELEC (2000)

 

ABS-CBN v. COMELEC (2000)

Facts.

  1. The Resolution was issued by the Comelec upon “information from a reliable source that ABS-CBN (Lopez Group) has prepared a project, with PR groups to conduct radio-TV coverage of the elections...and to make an exit survey of the … vote during the elections for national officials particularly for President and Vice president, results of which shall be (broadcast immediately.”
  2. The electoral body believed that such project might conflict with the official Comelec count, as well as the unofficial quick count of the National Movement for Free Elections (Namfrel). It also noted that it had not authorized or deputized petitioner ABS-CBN to undertake the exit survey.
  3. On 9 May 1998, this Court issued the Temporary Restraining Order prayed for by petitioner. We directed the Comelec to cease and desist, until further orders, from implementing the assailed Resolution or the restraining order issued pursuant thereto, if any. In fact, the exit polls were actually conducted and reported by media without any difficulty or problem.

 

Issue.

Whether or not 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), its agents or representatives from conducting exit polls during the … May 11 elections.

 

Solicitor General’s arguments:

  1. Mootness
  2. Prematurity
  3. Petitioner’s failure to exhaust other remedies

 

 

Ruling.

The petition is granted, and 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 hereby nullified and set aside. No costs.

 

●       Exit poll - a poll of people leaving a polling place, asking how they voted.

Legal terms.

  1. Cease and desist - denoting a legally enforceable order from a court or government agency directing someone to stop engaging in a particular activity.

Labels

Labels:

Comments

Post a Comment

Popular posts from this blog

Case Digest: Chavez v. Gonzales, G.R. no. 168338 (February 15, 2008)

  Chavez v. Gonzales, G.R. no. 168338 (February 15, 2008) Summary of rule of law. Any attempt to restrict press freedom and the right to free speech and free expression must be met with an examination so critical that only a danger that is clear and present would be allowed to curtail it. Facts. The case originates from events that occurred a year after the 2004 national and local elections . 1.       On 5 June 2005, an audiotape of a mobile phone conversation allegedly between the President Gloria Macapagal Arroyo and a Comelec high-ranking official was released by Press Secretary Ignacio Bunye. It was audiotaped allegedly through wiretapping. 2.       Two versions of the tape were produced: one supposedly the complete version, and the other a spliced, “doctored” version, which would suggest that the President had instructed the Comelec official to manipulate the election results. 3.       On 7 June 2005, for...
Post a Comment
Read more

Case Digest: Burgos v. Chief of Staff

  Burgos v. Chief of Staff Facts: 1.       Metropolitan Mail; We Forum; Jose Burgos, Jr. (publisher-editor of We Forum); Judge Ernani Cruz-Pano, executive judge of the Court of First Instance, Q.C.; Col. Rolando Abadilla, warrant petitioner (who) 2.       The two search warrants were issued on December 7, 1982 (when) 3.       No. 19, Road 3, Project 6, Q.C. (where) 784 Units C & D, RMS Building, Quezon Ave. Q.C. (where) 4.       Office and printing machines, equipment, paraphernalia, motor vehicles, articles used in the printing, publication and distribution of, numerous papers, documents, books, other written literature (what were seized). There were subversive documents from the publications - direct act of treason (why) 5.       Aside from the We Forum documents and equipment and subversive documents said to be promoting the objectives of s...
Post a Comment
Read more

Case Digest: Borjal vs. Court of Appeals (G.R. No. 126466)

  Borjal vs. Court of Appeals (G.R. No. 126466)   Primary Holding. Requisites for a libel suit: The victim should be identifiable although it is not necessary that he be named ;   Not sufficient that the offended party recognized himself as the person attacked or defamed - at least a third person could identify him to be the object of the libelous publication.   Facts. The conference, which according to private respondent, was estimated to cost around Php1, 815,000.00   would be funded through solicitations from various sponsors. On February 28, 1989, at the organizational meeting of the FNCLT, private respondent Francisco Wenceslao was elected Executive Director. As such, he wrote numerous solicitation letters to the business community for the support of the conference. Between May and July 1989, a series of articles written by petitioner Borjal was published on different dates in his co...
Post a Comment
Read more