G.R. No.

L-32717 November 26, 1970

AMELITO R. MUTUC vs. COMELEC

FACTS:
Petitioner Mutuc was a candidate for delegate to the Constitutional Convention. He filed a special civil action
against the respondent COMELEC when the latter informed him through a telegram that his certificate of
candidacy was given due course but he was prohibited from using jingles in his mobile units equipped with
sound systems and loud speakers. The petitioner accorded the order to be violative of his constitutional right to
freedom of speech. COMELEC justified its prohibition on the premise that the Constitutional Convention act
provided that it is unlawful for the candidates to purchase, produce, request or distribute sample ballots, or
electoral propaganda gadgets such as pens, lighters, fans (of whatever nature), flashlights, athletic goods or
materials, wallets, bandanas, shirts, hats, matches, cigarettes, and the like, whether of domestic or foreign
origin. COMELEC contended that the jingle or the recorded or taped voice of the singer used by petitioner
was a tangible propaganda material and was, under the above statute, subject to confiscation.

ISSUE:
Whether or not the usage of the jingle by the petitioner form part of the prohibition invoked by the
COMELEC.

HELD:
The Court held that the general words following any enumeration being applicable only to things of
the same kind or class as those specifically referred to. The COMELECs contention that a
candidates jingle form part of the prohibition, categorized under the phrase and the like, could not
merit the courts approval by principle of Ejusdem Generis. It is quite apparent that what was
contemplated in the Act was the distribution of gadgets of the kind referred to as a means of
inducement to obtain a favorable vote for the candidate responsible for its distribution.

Furthermore, the COMELEC failed to observe construction of the statute which should be in
consonance to the express terms of the constitution. The intent of the COMELEC for the prohibition
may be laudable but it should not be sought at the cost of the candidates constitutional rights.