Thursday, December 14, 2006 Comelec dismisses Tom case v. Sun.Star
THE Commission on Elections (Comelec) en banc dismissed “for lack of merit” the case that Cebu City Mayor Tomas Osmeña filed against Sun.Star Publishing Inc.
Osmeña filed the complaint at the height of the May 10, 2004 elections, when he accused Sun.Star Cebu and Sun.Star Superbalita of violating election laws after the papers refused to publish his political advertisements despite payment and an advertising contract.
Provincial Election Supervisor Edwin Cadungog received yesterday a copy the decision that Comelec Chairman Benjamin Abalos signed with five other commissioners.
The commissioners promulgated the decision last Nov. 30 and released last Dec. 4 by Ma. Josefina dela Cruz, clerk of the commission.
Malicious statement
Osmeña, in his complaint, said the denial of the local dailies to publish his political advertisements constitutes an election offense.
But Sun.Star, during the investigation, explained that Osmeña’s supposed political advertisement could not be considered as such, but rather “a malicious statement against the integrity of Sun.Star and Superbalita newspapers.”
Sun.Star also stood firm in its stand that the requirement of the law regarding equal access to the media time and space is “not to be construed as stripping the media outlet of its power to review an advertisement, particularly on whether or not the same is libelous publication disguised as a political advertisement.”
Lawyer Lionel Marco Castillano, investigating officer and acting regional attorney, said that on the basis of the evidence submitted, “the complaint has no leg to stand on.”
Castillano added that a “careful analysis” of the supposed political advertisement shows that the material was not to “promote nor oppose directly and indirectly the election of a candidate” as defined by election rules.
“Rather, it was directed against the Sun.Star newspaper by impliedly imputing its bias in favor of opposing candidate Alvin Garcia. Thus, there is no violation of…the Fair Elections Act,” the investigator added.
Options
The Comelec en banc found Castillano’s findings to be “in accordance with the facts of the case and applicable laws” so Abalos, Commissioners Resurreccion Borra, Florentino Tuason Jr., Romeo Brawner, Rene Sarmiento and Nicodemo Ferrer adopted the resolution.
Cadungog said Osmeña could still ask the Comelec en banc to reconsider if he wishes to do so. In case it would still be denied, then he can ask the Supreme Court to review the case. (JPM)
