G.R. No. 132231 , March 31, 1998
Emilio M. R. Osmeña and Pablo P. Garcia vs. The Commission on Elections

(Dissenting Opinion, Romero, J.)

FACTS

Petitioners challenged the constitutionality of Section 11(b) of Republic Act No. 6646 (The Electoral Reforms Law of 1987), which prohibits the sale or donation of print space or air time for political advertisements during the campaign period, except to the Commission on Elections (COMELEC) for equal allocation among candidates. This case revisits the Court’s 1992 ruling in NPC v. COMELEC, which upheld the same provision as a valid exercise of the state’s police power under Article IX(C), Section 4 of the Constitution , aimed at ensuring equal opportunity and credible elections.

ISSUE

Whether the Court should reverse its 1992 ruling in NPC v. COMELEC and declare Section 11(b) of R.A. 6646 an unconstitutional restriction on the freedom of expression.

RULING

In his dissenting opinion, Justice Romero argues that the Court should reverse its previous decision in NPC v. COMELEC. He contends that the six-year experience with the ban on political advertisements since 1992 demonstrates that Section 11(b) of R.A. 6646 fails to meet the rigorous and exacting standard required for a permissible limitation on free speech and free press. While acknowledging the principle of stare decisis, Justice Romero emphasizes that this principle should not obstruct the abandonment of established rulings when demanded by public interest and changing circumstances. He posits that police power, the constitutional basis for the regulation, is dynamic and must adapt to societal changes. Drawing an analogy to the reversal in the Flag Salute Cases (from compulsory participation to allowing exemptions for religious beliefs), he asserts that contemporary events and electoral experience justify a re-examination. The dissent concludes that the provision, as applied, imposes an undue prior restraint on political speech, which is at the core of constitutional protection, and thus should be struck down.