TELECOMMUNICATIONS AND BROADCAST ATTORNE YS OF THE

PHILIPPINES, INC. and GMA NETWORK, INC., vs. THE COMMISSION ON

ELECTIONS

G.R. No. 132922 April 21, 1998

The petitioners, Telecommunications and Broadcast Attorneys of the Philippines,

Inc. (TELEBAP), an organization of lawyers of radio and television broadcasting
companies and GMA Network which operates radio and television broadcast stations in
the Philippines  filed a petition to challenge the validity of Section 92, B.P. No. 881
“which requires radio and television broadcast companies to provide free air time to
COMELEC for the use of candidates for campaign and other political purposes” due to
the fact that said provisions: (1) have taken properties without due process of law and
without just compensation; (2) it denied the radio and television broadcast companies
the equal protection of the laws; and (3) that it is in excess of the power given to the
COMELEC to regulate the operation of media communication or information during
election period.

IS SUE:

WHETHER or not the contention of the petitioners is valid

Held:

No. All broadcasting, whether radio or by television stations, is licensed by the

government. Radio and television broadcasting companies, which are given franchises,
do not own the airwaves and frequencies through which they transmit broadcast signals
and images. Therefore, such exercise of the privilege may reasonably be burdened with
the performance by the grantee of some form of public service. In granting the
privilege to operate broadcast stations and supervising radio and television stations, the
state spends considerable public funds in licensing and supervising them. As to the
contention of the petitioners that the law single out radio and television stations to
provide free air time will not bear analysis. It rests on the fallacy that broadcast media
are entitled to the same treatment under the free speech guarantee of the Constitution
as the print media. In addition, their plea that Section 92 (free air time) and Section
11(b) of R.A. No. 6646 (ban on paid political ads) should be invalidated would pave the
way for a return to the old regime where moneyed candidates could monopolize media
advertising to the disadvantage of candidates with less resources.