Chavez v.

COMELEC
G.R. No. 162777
August 31, 2004
Art. III, 10
FACTS:
In 2003, before he filed candidacy, Chavez was contracted to be the model of certain
brands by which he appeared on billboards. Subsequently in December, Chavez filed candidacy
on the race for the senate. In 2004, COMELEC enacted Res. No. 6520 which prohibited the
appearance of the candidate in any broadcast or propaganda material, or if existing shall be
removed within three days after the effectivity of said resolution, the violation of such would be
considered premature campaigning thus a violation of the Omnibus Election Code. Chavez,
sought exception from COMELEC, but was denied. Petitioner now contends the
unconstitutionality of said law, saying that it is an invalid exercise of police power.
ISSUES:
Whether the Resolution was a valid exercise of police power
RULING:
Yes.
It had lawful subject as shown in its will for fair play during elections, and a lawful
means since a candidate may pay the company to use him as endorser for publicity purposes.
Such billboards gave Frank Chavez an unfair advantage against other candidates for Senator
because it became political in nature. The very nature of the assailed statute was to prohibit
premature campaigning of the candidates. Chavez, in exposing himself in these billboards, was
already campaigning prematurely, and as such, gaining undue advantage.

Prepared by: Mary Louise M. Ramos