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SC: Comelec can’t prosecute SWS, Pulse Asia

Posted on April 7, 2015

By Perfecto T. Raymundo

MANILA, April 7 (PNA) — The Supreme Court (SC) en banc on Tuesday said that the Commission on Elections (Comelec) cannot prosecute the Social Weather Stations (SWS) and Pulse Asia for their non-submission of a list of those who commissioned, financed and subscribed on surveys that they released during the campaign period for the 2013 elections.

This after the SC on Tuesday decided on the petition filed by the two survey firms against the Comelec.

The petition was questioning the legality of Comelec Resolution No. 9476 mandating the SWS, Pulse Asia and other survey firms to submit a list of those who commissioned and subscribers of the surveys they were conducting for the elections.

The resolution of the Comelec was pursuant to the provisions of the “Fair Elections Act” which state that the survey firms should also publish the names of the candidates, parties or organizations who commissioned or financed for the survey.

The decision of the SC was “unanimous”.

Meanwhile, the SC also affirmed the legality of Comelec Resolution No. 9476.

Both the SWS and Pulse Asia argued that the resolution of the Comelec was violative of the provision of the Constitution pertaining to the “non-impairment of contracts”.

They also argued that the Comelec also violated their “right to due process” because they were allegedly charged by the Comelec even if they were not furnished a copy of the complaint filed against them. (PNA)

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