Skip to content

Philippines Today

home of the Global Filipino

Menu
  • News Stories
  • Regional News
  • Business & Economy
  • Science & Technology
  • International
Menu

SC affirms Comelec resolution directing survey firms to disclose sponsors

Posted on April 11, 2015

By Perfecto T. Raymundo

MANILA, April 11 (PNA) — The Supreme Court (SC) en banc has affirmed the Commission on Election’s (Comelec) resolution directing Social Weather Stations (SWS), Pulse Asia and other similar survey firms to submit the names of all commissioners and payors, including their subscribers, of all pre-election surveys from Feb. 12 to April 23, 2013.

Voting unanimously, the SC justices upheld Comelec Resolution No. 9674 on April 7, 2015.

However, the SC enjoined Comelec from prosecuting petitioners for their supposed violation of the resolution after not submitting the names of all commissioners and payors, including subscribers of their surveys during the pre-election period of 2013 within three days from the receipt of the resolution.

In a petition filed on July 26, 2013, the petitioners alleged that the Comelec failed to furnish them with copies of the resolution and that they were not informed that a criminal case had been filed against them.

The petitioners also assailed the resolution for transgressing the Fair Elections Act in requiring the submission of information on subscribers and in making itself executory immediately after publication.

In the ruling written by Associate Justice Marvic M. V. F. Leonen, the SC sustained the validity of Comelec Resolution No. 9647.

The SC said that “the names of those who commission or pay for election surveys, including subscribers of survey firms must be disclosed pursuant to Section 5.2 (a) of the Fair Elections Act.”

The ruling noted that Section 5.2 “provide[s] regulations that facilitate transparency with respect to election surveys” and “enumerates the information that a person publishing an election survey must publish along with the survey itself,” including “the name of the person, candidate, party or organization who commissioned or paid for the survey.”

“The inclusion of election surveys in the list of items regulated by the Fair Elections Act is a recognition that election surveys are not a mere descriptive aggregation of data,” Leonen said.

He reiterated that “the inclusion of election surveys in a statute that regulates election propaganda and other means through which candidates may shape voter preferences is itself telling of the recognition that election surveys, too, may influence voter preferences.”

“Left unregulated,” he noted that “election surveys can undermine the purposes of ensuring ‘fair elections.’”

However, the SC noted that “there was no basis for considering petitioners to have committed an election offense” since Comelec failed to serve copies of the Resolution on petitioners, which prevented the three-day period for compliance to commence.

It noted that “In Comelec Resolution No. 9674’s own words, compliance was expected ‘within three (3) days from receipt of this Resolution…’ Not having been served with copies of the assailed Resolution itself, petitioners are right in construing the three-day period for compliance as not having begun to run.”

“It follows that no violation of the requirement “to submit withing three (3) days from receipt of this Resolution the names of all commissioners and payors of surveys published from February 12, 2013 to the date of the promulgation of this Resolution.” could have been committed,” the ruling said.

The SC also noted that the Comelec not only failed to provide petitioners with copies of the criminal complaint but also neither alleged nor proved to the Court that it has done so.

It further noted that “In so doing, Comelec violated petitioners’ right to due process.” (PNA)

Share this:

  • Facebook
  • Twitter
  • LinkedIn
  • Pinterest
  • More
  • Tumblr
  • Reddit

Related

News Categories

  • Announcement (34)
  • Business & Economy (1,567)
  • Comment and Opinion (74)
    • Random Thoughts (18)
  • Current Issues (425)
    • Charter Change (1)
    • Election (228)
    • Population (6)
  • International (389)
  • Life In Japan (66)
    • Everything Japan (41)
  • Literary (34)
  • Miscellaneous (610)
  • News Stories (5,312)
  • OFW Corner (297)
  • Others (75)
  • People (408)
  • Press Releases (163)
  • Regional News (3,362)
  • Science and Technology (502)
  • Sports & Entertainment (287)

Latest News

  • BSP keeps policy rates anew December 17, 2015
  • NEDA cuts PHL additional rice import for 2016 by 25% December 17, 2015
  • DA cites serious implications of banning genetically modified products December 17, 2015
  • BBL is not yet dead – Drilon December 17, 2015
  • Comelec recognizes Duterte’s CoC for president December 17, 2015
  • NEDA chief sees 2015 growth at 6% despite typhoons December 17, 2015
  • House of Representatives ratifies bicam report on P3.002-T national budget for 2016 December 17, 2015
  • Cebu-based developer invests PHP430M to build 709 townhouse units in north Cebu town December 17, 2015
  • City gov’t eyes P75-M income from economic enterprise December 17, 2015
  • Baguio City LGU presents traffic plan for holiday season December 17, 2015

Archives

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Science and Technology

  • DOST-ICTO targets 500,000 web-based workers from countryside by 2016
  • (Feature) STARBOOKS: A ‘makeover’ for librarians
  • Science, research reduce ‘cocolisap’ hotspot areas in PHL
  • Montejo to further improve PAGASA and empower scientists
  • 1st PPP in biomedical research produces knee replacement system fit for Asians

Press Releases

  • Microsoft to buy Nokia’s mobile devices business for 5.44-B euros
  • New World Bank climate change report should spur SEA and world leaders into action: Greenpeace
  • Save the Philippine Seas before it’s too late — Greenpeace
  • Palanca Awards’ last call for entries
  • Philippines joins the global call for Arctic protection

Comment and Opinion

  • Remembering the dead is a celebration of life
  • Killer earthquake unlikely to hit Panay Island in near future – analyst
  • It’s not just more fun to invest in the Philippines, it is also profitable, says President Aquino
  • How does one differentiate a tamaraw from a carabao?
  • Fun is not just about the place, it is also about the people, says DOT chief

OFW Corner

  • Ebola infection risk low in Croatia
  • Death toll rises to 41, over 100 still missing in landslide in India
  • Asbestos use in construction a labor hazard
  • 500,000 OFWs to benefit POEA on-line transactions — Baldoz
  • 25 distressed OFWs return home from Riyadh
©2025 Philippines Today | Design: Newspaperly WordPress Theme