PHILIPPINE PRESS INSTITUTE VS.

COMELEC
G.R. No. 119694; 22 May 1995
Facts: Respondent Comelec promulgated Resolution No. 2772 directing newspapers to
provide free Comelec space of not less than one-half page for the common use of political
parties and candidates. The Comelec space shall be allocated by the Commission, free of
charge, among all candidates to enable them to make known their qualifications, their stand
on public Issue and their platforms of government. The Comelec space shall also be used by
the Commission for dissemination of vital election information. Petitioner Philippine Press
Institute, Inc. (PPI), a non-profit organization of newspaper and magazine publishers, asks
the Supreme Court to declare Comelec Resolution No. 2772 unconstitutional and void on the
ground that it violates the prohibition imposed by the Constitution upon the government
against the taking of private property for public use without just compensation. On behalf of
the respondent Comelec, the Solicitor General claimed that the Resolution is a permissible
exercise of the power of supervision (police power) of the Comelec over the information
operations of print media enterprises during the election period to safeguard and ensure a
fair, impartial and credible election.
Issue:Whether or not Comelec Resolution No. 2772 is constitutional.
Held: No. The Supreme Court declared the Resolution as unconstitutional. It held that to
compel print media companies to donate Comelec space amounts to taking of private
personal property without payment of the just compensation required in expropriation
cases. Moreover, the element of necessity for the taking has not been established by
respondent Comelec, considering that the newspapers were not unwilling to sell advertising
space. The taking of private property for public use is authorized by the constitution, but not
without payment of just compensation. Also Resolution No. 2772 does not constitute a valid
exercise of the police power of the state. In the case at bench, there is no showing of
existence of a national emergency to take private property of newspaper or magazine
publishers