The Supreme Court has affirmed the legality of the resolution issued by the Commission on Elections in 2013 requiring survey firms to submit the names of all commissioners and payors of surveys published during the campaign period for the last national elections.
However, the high court nullified a portion of Comelec Resolution No. 9674 that allows the prosecution of those behind the survey groups for violation of Republic Act No. 9006 or the Fair Elections Act for failure to comply with the Comelec’s directive, Court spokesperson Theodore Te said in a media briefing.
“Wherefore, the petition is partially granted: (1) Comelec Resolution No. 9674 is upheld; (2) respondent Comelec is enjoined from prosecuting petitioners for their supposed violation of Comelec Resolution No. 9674 in respect of their non-submission of the names of all commissioners and payors, including subscribers, of surveys published during the campaign period for the 2013 elections,” stated the SC resolution, which was issued after the justices held their en banc session in Baguio City yesterday.
On July 26, 2013, the Social Weather Station (SWS) and Pulse Asia Inc. filed a petition before the high court assailing the legality of Comelec Resolution No. 9674 for having been issued beyond its authority.
The two survey firms stressed that the resolution, in requiring the submission of information on subscribers, is in excess of what the Fair Elections Act requires.
According to them, the resolution transgresses the Fair Elections Act in making itself executory immediately after publication.
They also asserted that the resolution violated the non-impairment of contracts clause of the Constitution, and was enforced in violation of their right to due process.
They claimed that the Comelec resolution violated Section 10, Article III of the Constitution as it allegedly impairs their existing contracts with third parties.
Then Comelec chairman Sixto Brillantes Jr. earlier explained that the new rule on surveys was created to enable the poll body to have oversight over pre-election surveys that affect public opinion in the run-up to the elections.