For the period April 26, 2004 up to May 2, 2004, or for a period of one week, respondent through his family-owned publishing company put up political advertisements, which we can group into four basic categories, namely, "MAYOR SA KATAWHAN," "IT'S A NO-CONTEST," "NO TO TOM TAX OSMENA," and "Mayor Alvin Garcia" advertisements.6
The respondent did not violate the thrice-a-week rule laid down by Sec. 6 of RA 9006 as implemented by Sec. 13 of Comelec Resolution 6520. As correctly pointed out by respondent, the said political advertisement is not for the benefit or published for the respondent alone, but for the whole Kusug-KNP Party as can be gleaned from said advertisements, thus, the whole party with twenty local candidates and the Kusog Party and its alliance with Koalisyong Nagkakaisang Pilipino (KNP) is entitled to as much as 66 times a week for each publication. The very purpose of the law is to provide candidates wide latitude in informing the electorate regarding their platforms and qualifications during the campaign period.
The same can be said on the alleged violation of Sec. 4 of RA 9006 as implemented by Sec. 11 of Comelec Resolution 6520. Although respondent's political advertisement did not literally contain the requirement of indicating the true and correct name and address for whose benefit the election propaganda was published, this requirement is substantially met by the respondent because it can be glean[ed] [from the] said ads for whose benefit the same was made as shown by the pictures and names of the candidates and who paid for it. A literal implementation of the law should not be required if the same can be met substantially and the purpose of the law is achieve[d] and that is equal access to media is given to candidates to make known their qualifications and stand on public issues.8
We disagree. RA 9006 provides to wit:Sec. 6. Equal Access to Media Time and Space. - All registered parties and bona fide candidates shall have equal access to media time and space. The following guidelines may be amplified on by the COMELEC:
6.1 Print advertisements shall not exceed one-fourth (1/4) page in broadsheet and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or other publications, during the campaign period.
This is amplified by Comelec Resolution 6520, thus:
SECTION 13. Requirements and/or Limitations on the Use of Election Propaganda through Mass Media. - All registered political parties, party-list groups, organizations, and/or coalitions thereof, and bona fide candidates shall have equal access to media time and space for their election propaganda during the campaign period subject to the following requirements and/or limitations:
x x x x
2. Printed or Published Election Propaganda
The maximum size of print advertisements for each candidate, whether for a national or local elective position, or registered political party, party-list group, organization, and/or coalition thereof, shall be, as follows:a. One fourth (1/4) page - in broadsheets; and
b. One half (1/2) page - in tabloids
Said print advertisements, whether procured by purchase, or given free of charge, shall be published thrice a week per newspaper, magazine or other publications during the campaign period. (emphasis supplied)
Insofar as the political propaganda, "it's a no-contest," is concerned, respondent does not deny that the same was published in Sun Star for seven (7) consecutive times - from 26 April 2004 to 02 May 2004 - or for a period of one week, straight. An inspection of the said advertisement reveals that it refers only to respondent; there is no mention of his political party or party-mates, making it clear that it was his advertisement alone. The computation thus made by respondent and so adopted by the investigating officer, assuming this to be true and valid, would not and cannot apply in this instance. The provisions of law violated need no further interpretation as they are very plain and unambiguous.
That other candidates are claimed to have committed the same violation does not excuse herein respondent nor does it remove from this Commission the authority and power to prosecute the same. In fact, it compels Us to be even more vigorous and relentless in pursuing Our duties. In this regard, there shall be no sacred cows.9
CONSIDERING that there exists PROBABLE CAUSE, the Law Department is hereby DIRECTED to file the appropriate information against respondent Alvin B. Garcia for violation of Section 6 of RA 9006, and Section 13 of COMELEC Resolution No. 6520, in relation to Section 264 of the Omnibus Election Code, as amended.10
- The filing of the information by the COMELEC is premature considering that there is a pending petition for certiorari before the Supreme Court questioning the resolution of the COMELEC over the subject matter; and
- There is lack of probable cause to subject the accused to a criminal prosecution.14
IN VIEW OF ALL THE FOREGOING, the determination of probable cause is hereby deferred until after resolution of the petition for certiorari pending with the Supreme Court. Accordingly, the issuance of a warrant of arrest is held in abeyance.15
Before this Court, petitioner reiterates that the "IT'S NO CONTEST" political advertisement was attributable not only to him but to the complete line-up of candidates of Kusug-KNP Party for local elective positions, numbering 20 candidates. The party's alliance with the KNP, a national party that carried the late Fernando Poe, Jr. for President and former Senator Loren Legarda for Vice-president, brought the total number of candidates advertised in the political advertisement to 22, excluding the senatorial line-up.I
THE RESPONDENT COMELEC COMMITTED ERROR AMOUNTING TO GRAVE ABUSE OF DISCRETION IN RULING THAT THERE EXISTS A PROBABLE CAUSE TO SUBJECT THE PETITIONER TO A CRIMINAL PROSECUTION AS THE POLITICAL ADVERTISEMENT IN QUESTION DID NOT EXCEED THE ALLOWED FREQUENCY OF PUBLICATION.II
THE RESPONDENT COMELEC COMMITTED ERROR AMOUNTING TO GRAVE ABUSE OF DISCRETION IN RULING THAT THERE EXISTS A PROBABLE CAUSE TO SUBJECT THE PETITIONER TO A CRIMINAL PROSECUTION DESPITE THE PRESENCE OF EVIDENCE THAT THE PETITIONER DID NOT CAUSE THE PUBLICATION OF THE POLITICAL ADVERTISEMENT IN QUESTION.16]
x x x By definition, probable cause is -
x x x a reasonable ground of presumption that a matter is, or may be, well founded x x x such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe or entertain an honest or strong suspicion that a thing is so. The term does not mean 'actual or positive cause' nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Thus, a finding of probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. Precisely, there is a trial for the reception of evidence of the prosecution in support of the charge.
Sec. 4. Requirements for Published or Printed and Broast Election Propaganda 4.1. Any newspaper x x x or any published or printed political matter and any broast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words "political advertisement paid for," followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired.
x x x x
4.3. Print, broast or outdoor advertisements donated to the candidate or political party shall not be printed, published, broast or exhibited without the written acceptance by the said candidate or political party. Such written acceptance shall be attached to the advertising contract and shall be submitted to the COMELEC as provided in Subsection 6.3 hereof. (Emphasis supplied.)
Endnotes:
1 Under Rule 64 in relation to Rule 65 of the Rules of Court.
2 R.A. No. 9006 took effect on February 12, 2001.
3 SEC. 4. Requirements for Published or Printed and Broast Election Propaganda. x x x 4.1. Any newspaper, newsletter, newsweekly, gazette or magazine advertising, posters, pamphlets, comic books, circulars, handbills, bumper stickers, streamers, simple list of candidates or any published or printed political matter and any broast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words "political advertisement paid for," followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired.
SEC. 6. Equal Access to Media Time and Space. - All registered parties and bona fide candidates shall have equal access to media time and space. The following guidelines may be amplified on by the COMELEC:
6.1 Print advertisements shall not exceed one-fourth (1 /4) page in broadsheet and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or other publications, during the campaign period.
4 SECTION 11. Prohibited Forms of Election Propaganda. -- During the campaign period, it is unlawful:
1. To print, publish, post or distribute any newspaper, newsletter, newsweekly, gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, circular, handbill, streamer, simple list of candidates or any published or printed political matter and to air or broast any election propaganda by television or radio for or against a candidate or group of candidates to any public office, unless they bear and be identified by the simple legible, or audible words "political advertisements paid for," followed by the true and correct name and address of the candidate, political party, or party list group, organization, and/or coalition thereof for whose benefit the election propaganda was printed or aired.
x x x x
SECTION 13. Requirements and/or Limitations on the Use of Election Propaganda through Mass Media. -- All registered political parties, party-list groups, organizations, and/or coalitions thereof, and bona fide candidates shall have equal access to media time and space for their election propaganda during the campaign period subject to the following requirements and/or limitations:
x x x x
2. Printed or Published Election Propaganda
The maximum size of print advertisements for each candidate, whether for a national or local elective position, or registered political party, party-list group, organization, and/or coalition thereof, shall be, as follows:
a. One fourth (1/4) page - in broadsheets; and
b. One half (1/2) page - in tabloids
Said print advertisements, whether procured by purchase, or given free of charge, shall be published thrice a week per newspaper, magazine or other publications during the campaign period.
5 Rollo, pp. 38-43.
6 Id. at 39.
7 Id. at 44-51.
8 COMELEC Resolution dated April 28, 2005, records, pp. 26-27.
9 Rollo, pp. 27-28.
10 Id. at 28.
11 Id. at 52-61.
12 Id. at 62-64.
13 Id. at 31-37.
14 RTC Order dated December 21, 2006, rollo, pp. 93-96.
15 Id. at 96.
16 Rollo, p. 9.
17 SEC. 265. Prosecution. - The Commission shall, through its duly authorized legal officers, have the exclusive power to conduct preliminary investigation of all election offenses punishable under this Code, and to prosecute the same. The Commission may avail of the assistance of other prosecuting arms of the government: Provided, however, that in the event that the Commission fails to act on any complaint within four months from his filing, the complainant may file the complaint with the office of the fiscal or with the Ministry of Justice for proper investigation and prosecution, if warranted.
18 Romualdez v. Commission on Elections, G.R. No. 167011, April 30, 2008, 553 SCRA 370, citing Baytan v. Commission on Elections, 396 SCRA 703 (2003).
19 Supra, at 709.
20 Id.
21 Id.
22 Section 13. Requirements and/or Limitations on the Use of Election Propaganda through Mass Media. All registered political parties, party-list groups, organizations, and/or coalitions thereof, and bona fide candidates shall have equal access to media time and space for their election propaganda during the campaign period subject to the following requirements and/or limitations:
x x x x
3. Common requirements limitations
a) Any printed or published, and broast election propaganda for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words "political advertisement paid for," followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired;
x x x x
Section 14. Print, broast or outdoor advertisements or election propaganda donated to a candidate, political party, or party-list group, organization, and/or coalition thereof shall not be printed, published, broast, or exhibited, unless it is accompanied by the written acceptance by said candidate, political party, or party-list group, organization, and/or coalition thereof.
Such written acceptance shall be attached to the advertising contract and shall be submitted to the Commission, through the City/Municipal Election Officer (EO) concerned, or in the case of the National Capital Region (NCR), the Education and Information Department.
23 R.A. No. 9006, Sec. 13. Authority of the COMELEC to Promulgate Rules; Election Offenses. --
x x x x
Violation of this Act and the rules and regulations of the COMELEC issued to implement this Act shall be an election offense punishable under the first and second paragraphs of Section 264 of the Omnibus Election Code (Batas Pambansa Blg. 881).
24 Emphasis supplied.
25 Sec. 3 (p), (ff), Rule 131 (Burden of Proof and Presumptions), Rules on Evidence, Rules of Court.
26 Romualdez v. Commission on Elections, supra note 18.
27 Id.