ABS-CBN Broadcasting Corp. v.

COMELEC
G.R. No. 133486, January 28, 2000
FACTS: COMELEC en banc issued a Resolution in 1998 approving the issuance of a restraining order
stopping ABS-CBN or any other groups, its agents/representative from conducting such exit survey during
the May 11 elections. COMELEC believed it might conflict with the official count, as well as the unofficial
quick count of NAMFREL. The Court then issued the TRO prayed for by ABS-CBN
ISSUE: Whether or not the COMELEC violated the right to freedom of expression.
HELD: The Comelec's concern with the possible noncommunicative effect of exit polls disorder and
confusion in the voting centers does not justify a total ban on them. Undoubtedly, the assailed Comelec
Resolution is too broad, since its application is without qualification as to whether the polling is disruptive
or not. Concededly, the Omnibus Election Code prohibits disruptive behavior around the voting centers.
There is no showing, however, that exit polls or the means to interview voters cause chaos in voting
centers. Neither has any evidence been presented proving that the presence of exit poll reporters near an
election precinct tends to create disorder or confuse the voters.