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Emilio M.R. Osmena, et al. vs. Comelec [DISSENTING OPINION, PANGANIBAN, J.]

EMILIO M.R. OSMENA and PABLO P. GARCIA, petitioners, vs. THE COMMISSION ON ELECTIONS, respondent. [DISSENTING OPINION, PANGANIBAN, J.]

G.R. No. 132231 | 1998-03-31

PANGANIBAN, J ., dissenting:

The Court, by a majority vote, decided to uphold the ban on political advertising, as provided under Section 11(b) 1 of RA 6646, and to reiterate the 1992 ruling in National Press Club vs. Comelec 2 for two main reasons:

1. To equalize "as far as practicable, the situations of rich and poor candidates by preventing the former from enjoying the undue advantage offered by huge campaign 'war chests.'" In other words, the intention of the prohibition is to equalize the "political playing field" for rich and poor candidates.

2. While conceding that Section 11(b) of RA 6646 "limit[s] the right of free speech and of...