The Supreme Court (SC) en banc has affirmed the Commission on Election’s (Comelec) resolution directing Social Weather Stations (SWS), Pulse Asia and other similar survey firms to submit the names of all commissioners and payors, including their subscribers, of all pre-election surveys from Feb. 12 to April 23, 2013.
Voting unanimously, the SC justices upheld Comelec Resolution 9674 on April 7, 2015.
However, the SC enjoined Comelec from prosecuting petitioners for their supposed violation of the resolution after not submitting the names of all commissioners and payors, including subscribers of their surveys during the pre-election period of 2013 within three days from the receipt of the resolution.
In a petition filed on July 26, 2013, the petitioners alleged that the Comelec failed to furnish them with copies of the resolution and that they were not informed that a criminal case had been filed against them.
The petitioners also assailed the resolution for transgressing the Fair Elections Act in requiring the submission of information on subscribers and in making itself executory immediately after publication.
In the ruling written by Associate Justice Marvic M. V. F. Leonen, the SC sustained the validity of Comelec Resolution No. 9647.
The SC said that “the names of those who commission or pay for election surveys, including subscribers of survey firms must be disclosed pursuant to Section 5.2 (a) of the Fair Elections Act.”
Manila Bulletin
