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Sunday, September 05, 2004
SC junks Chavez's suit against poll ban on billboards
THE Supreme Court (SC) has turned down a suit filed by former solicitor general and defeated senatorial candidate Francisco Chavez against the Commission on Elections (Comelec) ban against billboards of consumer products being endorsed by some poll candidates.
The High Tribunal ruled "there is no blanket prohibition of the use of propaganda materials and advertisements." under the challenge Comelec ruling as claimed by Chavez.
"During the campaign period, these may be used subject only to reasonable limitations necessary and incidental to achieving the purpose of preventing premature campaigning and promoting equality of opportunities among all candidates." the court explained.
Chavez had filed a suit before the elections, seeking a court order against the Comelec from enforcing the ban on the display of a candidate's advertising billboard.
Chavez, in his petition, said Section 32 of the Comelec Resolution 6520, which provides for the ban, was unconstitutional because the Fair Elections Act has repealed provisions in earlier election laws banning the use of billboards for election purposes.
Named respondents in the suit were Poll Chairman Benjamin S. Abalos Sr. and Comelec National Capital Region Acting Director Esmeralda Ladra.
"A close examination of the assailed provision reveals that its primary objectives are to prohibit premature campaigning and to level the playing field for candidates of public office, to equalize the situation between popular or rich candidates, on one hand, and lesser-known or poorer candidates, on the other, by preventing the former from enjoying undue advantage in exposure and publicity on account of their resources and popularity." the Tribunal said.
The SC added that while it is true that when petitioner entered into the contracts or agreements to endorse certain products, he acted as a private individual and had all the right to lend his name and image to these products but when he filed his certificate of candidacy for Senator, the billboards featuring his name and image assumed partisan political character because it indirectly promoted his candidacy.
The Comelec in February ordered Chavez to comply with Section 32 of its Resolution 6520, or be presumed guilty of premature campaigning in violation of the Omnibus Election Code.
Chavez had four billboards endorsing a clothing line, plastic products line, and a games and amusement parlor.
The poll body's order was subsequently questioned by Chavez before the SC. (Benjamin B. Pulta)
(September 5, 2004 issue)
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