Telebap v.

Comelec
GR No. 132922
April 21, 1988

FACTS:
In this case the petitioners question the validity of RA No. 6646 which prohibits the sale or
donation of print space or air time for political ads, except to the COMELEC, under the Omnibus
Election Code. They claim that the requirement that radio and television time be given free takes
property without due process law, violating the eminent domain clause which requires payment
of just compensation, and violating the terms of the franchise that petitioner GMA Network Inc.
holds. GMA alleges that it has suffered losses running to several million pesos in providing
COMELEC Time in connection with the past elections, and it will suffer more losses if the same
prohibition will continue to be enforced.

ISSUES:
1. Whether or not the requirement of giving COMELEC free air time violates the eminent
domain clause that it amounts to taking without just compensation.

HELD:
1. No.
The validity of the questioned statute has already been upheld in the case of Osmena v.
COMELEC, the Court ruling that law prohibits mass media from selling or donating print space
and air time to the candidates and requires the COMELEC instead to procure print space and air
time for allocation to the candidates, to equalize the opportunity of candidates in an election in
regard to the use of mass media for political campaigns.
The argument of the petitioners is untenable since all broadcasting, whether by radio or by
television stations, is licensed by the government. A franchise is a privilege subject to
amendments by Congress in accordance with the constitutional provision that "any such
Prepared by: Jo-Anne D. Coloquio

franchise or right granted . . . shall be subject to amendment, alteration or repeal by the Congress
when the common good so requires." The Constitution authorizes the amendment of franchises
for the common good which is in the case at bar, for the benefit not only of candidates but even
more of the public so that they will be fully informed of the issues in an election. The Court
reiterates that licenses to broadcast do not confer ownership of designated frequencies, but only
the temporary privilege of using them, so no private property is taken. Also, the COMELEC does
not take over the operation of radio and television stations but only the allocation of air time to
the candidates.
Without the prohibition, there is not only the act of depriving candidates of time for their ads,
but also the failure of broadcast stations to provide air time unless paid by the government would
clearly deprive the people of their right to know when Art III, 7 of the Constitution secures that
right. Broadcast media can find their just reward in the fact that whatever service they may
render in connection with the holding of elections is for that common good. Wherefore, petition
dismissed.

Prepared by: Jo-Anne D. Coloquio