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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.
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