Social Weather Stations hereby informs the public that there is no ban on the publication of election survey results at any time before election day.
This is in response to the radio broadcast this morning by Radio dzRH which cited the Supreme Court-voided Section 5.4 of RA 9006 (“Fair Election Act”) while discussing results of a survey commissioned by the Manila Broadcasting Co. and Radio dzRH.
The said provision of the Fair Election Act, that stated “Surveys affecting national candidates shall not be published fifteen (15) days before the day of the election and surveys affecting local candidates shall not be published seven (7) days before the day of the election,” was declared unconstitutional by the Supreme Court on 5 May 2001 in Social Weather Stations vs. Commission on Elections (COMELEC) (G.R. 147571).
The COMELEC recognizes the legality of election surveys. The COMELEC website states that Section 5.4 of RA 9006 “has been ruled unconstitutional by the Supreme Court in SOCIAL WEATHER STATIONS, INCORPORATED and KAMAHALAN PUBLISHING CORPORATION vs. COMMISSION ON ELECTIONS, GR No. 147571, 5 May 2001”, with a link to the Supreme Court decision on GR 147571. This is included in the COMELEC training materials.
SWS has informed Radio dzRH, through Atty. Rejie Jularbal, of this Supreme Court ruling.