TELEBAP vs. COMELEC
Facts:
TELEBAP and GMA Network together filed a
petition to challenge the validity of Comelec Time 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.
Held:
Petitioners' argument is without merit, All broadcasting, whether by radio or by
television stations, is licensed by the government. Airwave frequencies have to
be allocated as there are more individuals who want to broadcast than there are
frequencies to assign. 9 A franchise is thus a privilege
subject, among other things, to amended by Congress in accordance with the
constitutional provision that "any such franchise or right granted . . .
shall be subject to amendment, alteration or repeal by the Congress when the
common good so requires."
Indeed, provisions
for COMELEC Time have been made by amendment of the franchises of radio and
television broadcast stations and, until the present case was brought, such provisions had not been thought of
as taking property without just compensation. Art. XII, §11 of the Constitution
authorizes the amendment of franchises for "the common good." What
better measure can be conceived for the common good than one for free air time
for the benefit not only of candidates but even more of the public,
particularly the voters, so that they will be fully informed of the issues in
an election? "[I]t is the right of the viewers and listeners, not the
right of the broadcasters, which is paramount."
Nor indeed can there be any constitutional
objection to the requirement that broadcast stations give free air time. Even
in the United States, there are responsible scholars who believe that
government controls on broadcast media can constitutionally be instituted to
ensure diversity of views and attention to public affairs to further the system
of free expression. For this purpose, broadcast stations may be required to
give free air time to candidates in an election.
In truth, radio and television broadcasting
companies, which are given franchises, do not own the airwaves and frequencies
through which they transmit broadcast signals and images. They are merely given
the temporary privilege of using them. Since a franchise is a mere privilege,
the exercise of the privilege may reasonably be burdened with the performance
by the grantee of some form of public service.
