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Emilio M.R. Osmena, et al. Vs. Comelec [SEPERATE OPINION, PUNO, J ., CONCURRING]

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

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

Separate Opinions

PUNO, J ., concurring:

In G.R. No. 132231, petitioners assail the constitutionality of Sec. 11(b) of R.A. No. 6646 and Resolution No. 2974 of the COMELEC implementing said law. They contend: 

I

THE POLITICAL AD BAN IS MOVED BY AN INVALID LEGISLATIVE INTENT, ULTRA VIRES ON THE PART OF CONGRESS, AND VIOLATIVE OF THE VERY CONSTITUTIONAL PROVISION UPON WHICH IT IS SOUGHT TO BE GROUNDED.

II

CONTRARY TO THE HOLDING IN NATIONAL PRESS CLUB, THE POLITICAL AD BAN IS NOT LIMITED IN TIME AND SCOPE OF APPLICATION.

A. THE POLITICAL AD BAN IS NOT LIMITED IN DURATION; IT IS ABSOLUTE, ALL-ENsCOMPASSING, COMPREHENSIVE AND UNLIMITED.

B. THE...