Philippine Press Institute, Inc. vs.

Commission on Elections

G.R. No.119694

Facts:
On 2 March 1995, Comelec promulgated Resolution No. 2772 which reads:
Sec. 2. Comelec Space. The Commission shall procure free print space of not less than one half
(1/2) page in at least one newspaper of general circulation in every province or city for use as "Comelec
Space" from March 6, 1995 in the case of candidates for senator and from March 21, 1995 until May 12, 1995.
In the absence of said newspaper, "Comelec Space" shall be obtained from any magazine or periodical of said
province or city.

The petitioner Philippine Press Institute (PPI) filed a petition contending that COMELEC
violated the prohibition imposed by the Constitution against the taking of properties without just
compensation due to Sec 2.
On the other hand, COMELEC asserts their directive is not mandatory and compelling. They
only ask for a donation. They aver that even if the order is mandatory, it would still be valid through
the use of police power.
In this Petition for Certiorari and Prohibition with prayer for the issuance of a Temporary Restraining
Order, PPI asks us to declare Comelec Resolution No. 2772 unconstitutional and void on the ground that it
violates the prohibition imposed by the Constitution upon the government, and any of its agencies, against the
taking of private property for public use without just compensation.
Issue:
Whether Section 2 of Resolution No. 2772 constitute a valid exercise of the power of eminent domain
Ruling:
The Supreme Court declared the Resolution as unconstitutional. It held that to compel print media
companies to donate Comelec space amounts to taking of private personal property without payment of
the just compensation required in expropriation cases.
Moreover, the element of necessity for the taking has not been established by respondent Comelec,
considering that the newspapers were willing to sell advertising space. The taking of private property for public
use is authorized by the constitution, but not without payment of just compensation.
Also Resolution No. 2772 does not constitute a valid exercise of the police power of the state. In the case
at bench, there is no showing of existence of a national emergency to take private property of newspaper or
magazine publishers.
There is nothing at all to prevent newspaper and magazine publishers from voluntarily giving free print
space to Comelec for the purposes contemplated in Resolution No. 2772. Section 2 of Resolution No. 2772 does
not, however, provide a constitutional basis for compelling publishers, against their will, in the kind of
factual context here present, to provide free print space for Comelec purposes. Section 2 does not constitute a
valid exercise of the power of eminent domain
However, the court will have to disagree that even if the order is mandatory, it would still be
valid as an exercise of police power.
Only the legislature can exercise police power except if it is delegated to some other body. The
COMELEC did not give any effort to specify evidences that they were given police power.
According to the Constitution, when a property is taken, it must be given a just compensation. In the
case at bar, there is no just compensation as the newspapers will give the space for free as a donation.
Moreover, there was no showing of reasonable necessity or emergency for the taking of print space
confronted the Commission. However, Sec 8 still stands as it is within the power of COMELEC to control
the media influences of candidates to prevent unequal campaigns.