January 29, 2007

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Comelec Gets Unconstitutional, Again

This from SWS.

On 30 November 2006, the Comelec promulgated en banc Resolution 7767, containing Rules and Regulations in relation to the May 2007 elections, which states in Sec. 32 that "Surveys affecting national candidates shall not be published fifteen (15) days before the day of the election and surveys affecting local candidates shall not be published seven (7) days before the day of the election," or the very same provision of the Fair Election Act already declared unconstitutional by the Supreme Court on 5 May 2001 in Social Weather Stations v Comelec (G.R. 147571).

Mahar Mangahas is fuming:

In an act of sheer incompetence, if not of outright malice, the Commission on Elections has issued a Resolution forbidding publication of election surveys, in direct defiance of a Supreme Court decision declaring election surveys protected by the constitutional guarantee of freedom of expression.

For two months already, ever since November 30, 2006, and for as long as no correction is made, Comelec Resolution 7767 is a continuing violation of freedom of expression as guaranteed by the Constitution. SWS will take whatever formal legal action is necessary to force the Comelec to abide by the Supreme Court ruling in G.R. 147571.

Read more here.

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