Survey firms seek SC relief on disclosure of subscribers

MANILA, Philippines - Survey firms Social Weather Stations (SWS) and Pulse Asia yesterday sought relief from the Supreme Court (SC) against an order of the Commission on Elections (Comelec) issued before the May 13 polls compelling them to disclose their respective subscribers.

In a 16-page petition obtained by The STAR, the survey firms urged the high court to issue a temporary restraining order (TRO) enjoining the poll body from implementing Resolution No. 9674 that allowed the filing of election offense charges against them.

Resolution No. 9674, promulgated by the Comelec last April 23, ordered SWS, Pulse Asia and other survey firms to identify the “commissioners, payors and subscribers” of the pre-election surveys they conducted since Feb. 12 “for copying and verification.”

With the two firms refusing to comply with the order, Comelec’s law department recently started preliminary investigation against the survey firms for violation of the new rule.

“Unless this Court intervenes, petitioners will be prosecuted for a crime created by Comelec that never existed before; subjected to a sham, baseless and improper preliminary investigation; deprived of their liberty and other basic rights; and compelled to disclose confidential and protected information,” read their petition filed through lawyers led by De La Salle University college of law founding dean Jose Manuel Diokno.

The petitioners argued the new Comelec rule violates Section 10, Article III of the Constitution since it impairs their existing contracts with third parties.

“Resolution No. 9674 unduly interferes with the existing contracts of SWS and Pulse Asia, by forcing us to disclose information that, under the contracts, is confidential or privileged. It materially alters the terms of the contracts, imposes new conditions, and dispenses with those agreed upon,” they said.

They also argued Comelec had stepped into the power of Congress when it effectively amended Section 5 of Republic Act No. 9006 (Fair Elections Act), which already requires the survey firms to publish the names of person, candidate, party or organization who commissioned or paid for a specific survey.

SWS and Pulse Asia also said their constitutional right to due process was violated after Comelec refused to furnish them copies of the order and the succeeding criminal complaint filed against them.

Aside from issuing a TRO, petitioners also asked the high tribunal to nullify the Comelec order after hearing the case.

Comelec Chairman Sixto Brillantes Jr. earlier explained the new rule on surveys was created to allow the poll body to have oversight over pre-election surveys that affect public opinion in the run up to the elections.