G.R. NO. L-32717, November 26, 1970
FACTS OF THE CASE:
Petitioner, a candidate for the position of delegate to the Constitutional Convention, impugns in his special civil action for prohibition, the act of respondent COMELEC in prohibiting him from using jingles in his mobile units equipped with sound systems and loud speakers, as violative of his constitutional right to free speech. Respondent however contends it has authority to impose such prohibition under section 12(E) of the Constitutional Convention Act (R.A. No. 6132), which makes unlawful the distribution, as electoral propaganda gadgets of “pens, lighters,flashlights, athletic goods or material, wallets, bandanas, shirts, hats, matches, cigarettes and the like”
ISSUE:
Whether “jingles” falls down on the prohibited electoral propaganda gadgets of R.A. No. 6132.
RULING:
For respondent Commission, the last three words sufficed to justify such an order. We view the matter differently. What was done cannot merit our approval under the well-known principle of ejusdem generis, the general words following any enumeration being applicable only to things of the same kind or class as those specifically referred to. It is quite apparent that what was contemplated in the Act ws the distribution of gadgets of the kind referred to as means of inducement to obtain a favorable vote for the candidate responsible for distribution.
Note: The phrase “pens, lighters, flashlights, athletic goods or material, wallets, bandanas, shirts, hats, matches, cigarettes and the like” refers to souvenir items and “jingle” is only an abstract act.