SWS vs Comelec Facts: Petitioner SWS and KPC states that it wishes to conduct an election survey throughout the

period of the elections and release to the media the results of such survey as well as publish them directly. Petitioners argue that the restriction on the publication of election survey results constitutes a prior restraint on the exercise of freedom of speech without any clear and present danger to justify such restraint. Issue: Are the Comelec Resolutions prohibiting the holding of pre-polls and exit polls and the dissemination of their results through mass media, valid and constitutional? Ruling: No. The Court held that Section (5)4 is invalid because (1) it imposes a prior restraint on the freedom of expression, (2) it is a direct and total suppression of a category of expression even though such suppression is only for a limited period, and (3) the governmental interest sought to be promoted can be achieved by means other than suppression of freedom of expression. It has been held that "[mere] legislative preferences or beliefs respecting matters of public convenience may well support regulation directed at other personal activities, but be insufficient to justify such as diminishes the exercise of rights so vital to the maintenance of democratic institutions.

Adormeo vs COMELEC [76 SCRA 90; GR 147927; February 4, 2002]

(Municipal Corporation: Interruption, Recall Exception to the 3 term limit) Facts: Petitioner and private respondent incumbent mayor were the only candidates who filed their COC for mayor of Lucena City in the May 2001 elections. Private respondent was elected mayor in May 1992, where he served the full term. Again, he was re-elected in May 1995, where he again served the full term. In the recall election of May 2000, he again won and served only the unexpired term of Tagarao after having lost to the latter in the 1998 election. Petitioner filed a petition to cancel COC and/or disqualification of the respondent in the ground that the latter was elected and had served as city mayor for 3 consecutive terms contending that serving the unexpired term of office is considered as 1 term. Private respondent maintains that his service as city mayor of Lucena is not consecutive. He lost his bid for a second re-election in 1998 and during Tagaraos incumbency, he was a private citizen, thus he had not been a mayor for 3 consecutive terms. Section 8, Article X of the 1987 Constitution provides that the term of office of elective officials, except barangay officials, which shall be determined by law, shall be 3 years and no such official shall serve for more than 3

consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. Section 43(b) of RA 7160 (Local Government Code) provides that no local elective official shall serve for more than 3 consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. Issue: Whether or Not private respondent had already served 3 consecutive term for mayor of Lucena City. Held: No. Private respondent was not elected for 3 consecutive terms. For nearly 2 years, he was a private citizen. The continuity of his term as mayor was disrupted by his defeat in the 1998 elections. Neither can respondents victory in the recall election be deemed a voluntary renunciation for clearly it is not. Voluntary renunciation of a term does not cancel the renounced term in the computation of the three term limit; conversely, involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service (Lonzanida vs COMELEC). Hence, being elected in a recall election interrupts the 3 consecutive term limit. Note: Recall a petition designed to remove an official from office by reason of lack of confidence. It is initiated only in the middle of the year.