JALOSJOS vs COMELEC
was a dual citizen enjoying the rights and privileges of Filipino and American
Romeo Jalosjos was convicted of statutory rape. His sentence was commuted
by GMA. After his release, he wanted to vote and run, however, his COC was
eventually cancelled and denied by COMELEC by issuing Res. No. 9613. He
appealed to the SC questioning the resolution and the powers of the
COMELEC.
SC: The COMELEC is under a legal duty to cancel the certificate of candidacy
of anyone suffering from the accessory penalty of perpetual special
disqualification to run for public office by virtue of a final judgment of conviction.
The final judgment of conviction is notice to the COMELEC of the
disqualification of the convict from running for public office. The law itself bars
the convict from running for public office, and the disqualification is part of the
final judgment of conviction. The final judgment of the court is addressed not
only to the Executive branch, but also to other government agencies tasked to
implement the final judgment under the law. The COMELEC will be grossly
remiss in its constitutional duty to “enforce and administer all laws” relating to
the conduct of elections if it does not motu proprio bar from running for public
office those suffering from perpetual special disqualification by virtue of a final
judgment.
MAQUILING vs COMELEC
Arnado a natural born, acquired US Citizenship through naturalization. When
he came back to the Phils, he took the Oath of Allegiance renouncing his US
citizenship. Between the date he renounced his foreign citizenship, and 30
November 2009, the date he filed his COC, Arnado used his US passport four
times, actions that run counter to the affidavit of renunciation he had earlier
executed. By using his foreign passport, Arnado positively and voluntarily
represented himself as an American.
SC: Arnado’s category of dual citizenship is that by which foreign citizenship is
acquired through a positive act of applying for naturalization. This is distinct
from those considered dual citizens by virtue of birth, who are not required by
law to take the oath of renunciation as the mere filing of the certificate of
candidacy already carries with it an implied renunciation of foreign citizenship.
Dual citizens by naturalization, on the other hand, are required to take not only
the Oath of Allegiance to the Republic of the Philippines but also to personally
renounce foreign citizenship in order to qualify as a candidate for public office.
By the time he filed his certificate of candidacy on 30 November 2009, Arnado
citizenship. He was qualified to vote, but by the express disqualification under
Section 40(d) of the LGC, he was not qualified to run for public office.
GMA NETWORK vs COMELEC
Petitioner went to the SC to raise in issue the unconstitutionality of Resolution
No. 9615 which limits the broadcast and radio advertisements of candidates
and political parties for national election positions to an aggregate total of one
hundred twenty (120) minutes and one hundred eighty (180) minutes,
respectively. They contend that such restrictive regulation on allowable
broadcast time violates freedom of the press, impairs the people’s right to
suffrage as well as their right to information relative to the exercise of their right
to choose who to elect during the forth coming elections.
SC: The assailed rule on “aggregate-based” airtime limits is unreasonable and
arbitrary as it unduly restricts and constrains the ability of candidates and
political parties to reach out and communicate with the people. Here, the
adverted reason for imposing the “aggregate-based” airtime limits – leveling the
playing field – does not constitute a compelling state interest which would justify
such a substantial restriction on the freedom of candidates and political parties
to communicate their ideas, philosophies, platforms and programs of
government. And, this is specially so in the absence of a clear-cut basis for the
imposition of such a prohibitive measure. In this particular instance, what the
COMELEC has done is analogous to letting a bird fly after one has clipped its
wings.
It is also particularly unreasonable and whimsical to adopt the aggregate-based
time limits on broadcast time when we consider that the Philippines is not only
composed of so many islands. There are also a lot of languages and dialects
spoken among the citizens across the country. Accordingly, for a national
candidate to really reach out to as many of the electorates as possible, then it
might also be necessary that he conveys his message through his
advertisements in languages and dialects that the people may more readily
understand and relate to. To add all of these airtimes in different dialects would
greatly hamper the ability of such candidate to express himself – a form of
suppression of his political speech.
PABILLO vs COMELEC
COMELEC directly contracted SMARTMATIC for the purchase and use of engaging comments and reactions that stimulate public discussions on
PCOS machines which was aimed at automating the national and local important public matters such as elections. The political nature of the national
elections. However, COMELEC failed to comply with Section 50, Article XVI of debates and the public's interest in the wide availability of the information for
the Government Procurement Reform Act (GPRA). the voters' education certainly justify allowing the debates to be shown or
streamed in other websites for wider dissemination, in accordance with the
SC: There are no qualms about the task of having the PCOS machines repaired MOA.
and refurbished. However, there are serious and unignorable legal flaws about
how the COMELEC intends to pursue this undertaking. Bluntly, the COMELEC
has failed to justify its reasons for directly contracting with Smartmatic-TIM: it
had not shown that any of the conditions under Section 50, Article XVI of the
GPRA exists; its claims of impracticality were not supported by independently
verified and competent data; and lastly, its perceived “warranty extension” is, in
reality, just a circumvention of the procurement law. For all these counts, the
conclusion thus reached is that the COMELEC had committed grave abuse of
discretion amounting to lack or excess of jurisdiction.210 As a result, its
Resolution No. 9922 and the Extended Warranty Contract (Program 1) should
be stricken down, and necessarily, all amounts paid to Smartmatic-TIM
pursuant to the said contract, if any, being public funds sourced from taxpayers’
money, should be returned to the government in accordance with the
procedures contained in existing rules and regulations. Note that the disposition
of these cases does not prohibit the COMELEC from resorting to direct
contracting anew or other alternative method of procurement with any service
contractor, subject to compliance with the conditions provided in the GPRA and
all the pertinent rules and procedures.

RAPPLER vs BAUTISTA

Rappler, an online news website, wanted to live stream the “PiliPinas 2016
Debates," for presidential and vice-presidential candidates. Under a MOA, the
KBP was designated as Debate Coordinator while ABS-CBN, GMA, Nine
Media, and TV5, together with their respective print media partners were
designated as Lead Networks.

SC: The COMELEC’s power of supervision and regulation over media during
the election perios should not be exercised in a way that constricts avenues of
public discourse.

In this age of information technology, media has expanded from traditional print,
radio, and television. Many from this generation no longer listen to the radio or
watch television, and instead are more used to live streaming videos online.
Social Media newsfeeds allow for real rime posting of video excerpts and