By Katrina Gracia Consebido
Commission on Elections (Comelec) Spokesperson James Jimenez said all election surveys published 15 days prior to election day do not violate the Fair Elections Act.
The response came after a Twitter user asked the Comelec official on whether or not the latest Pulse Asia survey on national elections candidates violate Republic Act No. 9006.
“No. The provision being cited – Sec. 5.4 of RA 9006 – was struck down by the Supreme Court for being unconstitutional,” Jimenez said, citing G.R. No. 147571 when the Supreme Court noted that Section “5.4 of R.A. No. 9006 constitutes an unconstitutional abridgment of freedom of speech, expression, and the press.”
No. The provision being cited – Sec. 5.4 of RA 9006 – was struck down by the Supreme Court for being unconstitutional.
SWS v COMELEC
GR No 147571
May 5 2001 https://t.co/BWzEEkIJtH— James Jimenez (@jabjimenez) May 3, 2022
Section 5.4 states that “surveys affecting national candidates shall not be published 15 days before an election and surveys affecting local candidates shall not be published seven days before an election.”
On May 2, Pulse Asia released its final survey with presidential bet Bongbong Marcos taking the top spot with 56% preference votes, followed by Vice President Leni Robredo gaining 23%.
Vice presidential candidate Davao Mayor Sara Duterte maintained her lead with 56%, followed by Senate President Tito Sotto who scored 18% and Senator Kiko Pangilinan with 16%. –ag
