Constitutional Law - FREEDOM OF SPEECH

G.R. L-32717, November 26, 1970

Amelito R. Mutuc, petitioner vs. COMELEC, respondent

Facts:

This is a Special Civil Action for Prohibition filed by Amelito R. Mutuc, a resident of Arayat, Pampanga and candidate for the position of delegate to the Constitutional Convention.

He alleged that respondent informed him by telegram that his Certificate of Candidacy is given due course but prohibited him from using jingles in his mobile units equipped with sound systems and loud speakers. Hence, this case was filed on the premise that said COMELEC order is violative of his constitutional right to freedom of speech.

Respondent COMELEC, on the other hand contended that the jingle proposed by petitioner is a recorded or taped voice of a singer and therefore a tangible propaganda material under Constitutional Convention Act 2 and hence is subject to confiscation.

Issue:

Whether or not subject COMELEC order is unconstitutional?

Ruling:

Yes. COMELEC is permanently restrained to enforce assailed order.

In unequivocal language, the Constituion prohibits any abridgment of free speech or free press. What respondent did was impose censorship on petitioner, an evil against which this constitutional right is directed.

The concept of the Cnstitution as fundamental law, setting forth the criterion for the validity of any public act whether proceeding from the highest official or the lowest functionary, is a postulate of our system of government.