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1-UNITED TRANSPORT KOALISYON (1-UTAK) vs. COMELEC

1-UNITED TRANSPORT KOALISYON (1-UTAK), PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT.

G.R. No. 206020 | 2015-04-14

EN BANC
 
D E C I S I O N

REYES, J.:

The right to participate in electoral processes is a basic and fundamental right in any democracy. It includes not only the right to vote, but also the right to urge others to vote for a particular candidate. The right to express one's preference for a candidate is likewise part of the fundamental right to free speech. Thus, any governmental restriction on the right to convince others to vote for a candidate carries with it a heavy presumption of invalidity.
 
This is a petition for certiorari[1] under Rule 64 and Rule 65 of the Rules of Court filed by 1-United Transport Koalisyon (petitioner),...