SC clarifies airtime-limit rule on political ads

MANILA, Philippines—The Supreme Court on Thursday clarified that with the restraining order imposed on the airtime limit on political advertisements, the Commission on Elections (Comelec) shall use its 2010 rule.

Under the 2010 rule, for candidates, registered political parties for a national elective position, the 120 minute in television or cable television and 180 minutes in radio shall be per station. On the other hand, for local elective position, 60 minutes in television or cable television and 90 minutes for radio shall be per station.

“Accordingly, let a temporary restraining order issue enjoining respondent Comelec from implementing Resolution No. l9615 amended by Resolution 9631 otherwise known as the “aggregate time limit” rule,” the high court said in a resolution released Thursday.

“Consequently, [rule] implemented in the 2010 elections shall be implemented instead in the 2013 elections pending resolution of the consolidated cases by the Court,” the high court said.

The high court issued the ruling after several petitions were filed questioning the Comelec resolution.

Senator Alan Peter Cayetano said Comelec Resolution 9615 that puts a limit on the advertisingtime of a candidate is “unconstitutional since it limits the people’s right to information.”

Cayetano also noted that the resolution “smacks of prior restraint” which is a clear affront to the freedom of speech or expression.

GMA7, TV5 and Bombo Radyo filed separate petitions with the high court assailing the said Comelec resolution.

GMA7, in its 56-page petition said Comelec Resolution No 9615 and its amendment Resolution No. 9631 are both “too restrictive.”

TV5, on the other hand said the new rule is “vague” because it failed to provide for a definite manner in which aggregation shall be made “thus making it difficult or impossible for media outlets to comply while subjecting them to possible criminal liability and loss of franchise permits.”

Under the rule, at the start of the campaign period, Feb. 12, all national candidates will have 120 minutes in all TV networks and 180 minutes in all radio stations. Local candidates, meanwhile, have 60 minutes in all TV networks and 90 minutes in all radio stations.