TELECOM vs.

COMELEC

Petitioners challenge the validity of 92 of BP881 (Omnibus Election Code of the Philippines)
on the ground (1) that it takes property without due process of law and without just
compensation; and(2) that it denies radio and television broadcast companies the equal
protection of the laws;
o Section 92 provides that the COMELEC shall procure radio and television time
whichshall be allocated equally and impartially among the candidates. This is free of
charge.
Petitioners contend that their air time is taken without payment of just compensation. The
primary source of revenue is the sale of air time to advertisers.

ISSUE: Whether or not Section 92 of B.P. No. 881 constitutes taking of property without due
process of law and without just compensation.

RULING: All broadcasting stations is licensed by the government. This is, therefore, a franchise,
which is a privilege subject to amendment by Congress. The Art. XII sec 11 of the Constitution
authorizes the amendment of franchises for the common good. In this case, the common good
involved is for the voters who have the right to be fully informed of the issues in an election.