G.R. No. 132922 , April 21, 1998.
Telecommunications and Broadcast Attorneys of the Philippines, Inc. and GMA Network, Inc., petitioners, vs. The Commission on Elections, respondent.

FACTS

The case involves a petition challenging the constitutionality of Section 92 of Batas Pambansa Blg. 881 (the Omnibus Election Code) and related COMELEC Resolution No. 2983-A. The petitioners are Telecommunications and Broadcast Attorneys of the Philippines, Inc. (TELEBAP) and GMA Network, Inc. Justice Vitug, in a separate opinion, concurs with the main decision’s dismissal of the petition.

ISSUE

The primary legal issues addressed in Justice Vitug’s separate opinion are: (1) whether petitioner TELEBAP has locus standi to file the petition; (2) whether Section 92 of B.P. Blg. 881 is a legitimate exercise of the State’s police power; and (3) whether COMELEC Resolution No. 2983-A, particularly Section 2 thereof, contravenes B.P. Blg. 881.

RULING

Justice Vitug assents to the ponencia’s ruling. He holds that: (1) TELEBAP lacks locus standi to file the petition; (2) Section 92 of B.P. Blg. 881 is a legitimate exercise of the State’s police power, as the grant of a broadcast franchise is a privilege burdened with responsibilities and the legislature cannot bargain away the police power of the State; and (3) COMELEC Resolution No. 2983-A, particularly Section 2, is not in contravention of B.P. Blg. 881, as nothing in the law prohibits the COMELEC from procuring airtime if it believes it is for the public good. The separate opinion concludes by voting to DISMISS the petition.