Facts: Respondent Comelec promulgated Resolution No. 2772
directing newspapers toprovide 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 b
the Commission! free of charge! among all candidates to enable them
to ma"e "nown their #ualifications! their standon public $ssue and
their platforms of government. The Comelec space shall also be used
bthe Commission for dissemination of vital election information.
%etitioner %hilippine %ress$nstitute! $nc. &%%$'! a non-profit
organi(ation of newspaper and maga(ine publishers! as"sthe )upreme
Court to declare Comelec Resolution No. 2772 unconstitutional and
void on theground that it violates the prohibition imposed b the
Constitution upon the governmentagainst the ta"ing of private
propert for public use without *ust compensation. +n behalf of the
respondent Comelec! the )olicitor ,eneral claimed that the
Resolution is a permissiblee ercise of the power of supervision
&police power' of the Comelec over the informationoperations of
print media enterprises during the election period to safeguard and
ensure a
fair! impartial and credible election.
$ssue: hether or not Comelec Resolution No. 2772 is
constitutional.
/eld: No. The )upreme Court declared the Resolution as
unconstitutional. $t held that tocompel print media companies to
donate 0Comelec space1 amounts to 0ta"ing1 of privatepersonal
propert without pa ment of the *ust compensation re#uired in e
propriationcases. oreover! the element of necessit for the ta"ing
has not been established brespondent Comelec! considering that the
newspapers were not unwilling to sell advertisingspace. The ta"ing
of private propert for public use is authori(ed b the constitution!
but notwithout pa ment of *ust compensation. 3lso Resolution No.
2772 does not constitute a valid
e ercise of the police power of the state. $n the case at bench!
there is no showing of e istence of a national emergenc to ta"e
private propert of newspaper or maga(inepublishers
