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Mutuc vs. COMELEC 36 SCRA 228

AMELITO R. MUTUC, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT.

G.R. No. L-32717 | 1970-11-26

D E C I S I O N
 
 
FERNANDO, J:
 
The invocation of his right to free speech by petitioner Amelito Mutuc, then a candidate for delegate to the Constitutional Convention, in this special civil action for prohibition to assail the validity of a ruling of respondent Commission on Elections enjoining the use of a taped jingle for campaign purposes, was not in vain. Nor could it be considering the conceded absence of any express power granted to respondent by the Constitutional Convention Act to so require and the bar to any such implication arising from any provision found therein, if deference be paid to the principle that a...