1/4/2021
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Under the police power then, with its concern for the general welfare and with the
commendable aim of safeguarding the right of suffrage, the legislative body must have
felt impelled to impose the foregoing restrictions. It is understandable for Congress to
believe that without the limitations thus set forth in the challenged legislation, the
laudable purpose of Republic Act No. 4880 would be frustrated and nullified.[110]
Thus, respondent argues that the measure is reasonable because there is a need to
counteract the prevailing abuses and violence that mar the election process. It adds:
[T]he realities of Philippine politics in 1969 and four decades after remain
the same - the unbridled passions of supporters and candidates alike have,
in the recent years, even resulted, in some of the most horrendous and
unforgivable atrocities. . . .
. . . With that, the regulation, through the prohibition of partisan political
activity during the day or days that votes are cast, is not only reasonable,
but warranted as well.[111]
Moreover, respondent asserts that the provisions are narrowly tailored to meet their
objective of enhancing the opportunity of all candidates to be heard. Respondent
construes the provisions in conjunction with Section 261 of the Omnibus Election Code,
which provides:
SECTION 261. Prohibited Acts. - The following shall be guilty of an election
offense:
....
(k) Unlawful electioneering. - It is unlawful to solicit votes or undertake any
propaganda on the day of registration before the board of election inspectors
and on the day of election, for or against any candidate or any political party
within the polling place and with a radius of thirty meters thereof.
....
(cc) On candidacy and campaign:
....
(6) Any person who solicits votes or undertakes any propaganda, on the day
of election, for or against any candidate or any political party within the
polling place or within a radius of thirty meters thereof.
Accordingly, respondent notes that partisan political activities are only prohibited on the
days of casting of votes and within a 30-meter radius of the polling place. The
prohibition, respondent further contends, is only addressed to election candidates.[112]
Lastly, respondent adds that the prohibition is the least restrictive means in
safeguarding the conduct of the elections because it is narrowly limited to "solicitation
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