SWS: No ban on publication of election survey results

MANILA, Philippines - The Social Weather Stations (SWS) said yesterday there is no ban on the publication of election survey results any time before election day.

SWS president Mahar Mangahas said the Commission on Elections (Comelec) recognizes the legality of poll surveys, adding that the Supreme Court has ruled as “unconstitutional Section 5.4 of Republic Act 9006 or the Fair Election Act.”

Section 5.4 of RA 9006 states that “surveys affecting national candidates shall not be published 15 days before the day of the election and surveys affecting local candidates shall not be published seven days before the day of the election.”

It was declared unconstitutional by the Supreme Court in a case of Social Weather Stations vs. Commission on Elections on May 5, 2001, Mangahas said.

Bagumbayan presidential candidate Sen. Richard Gordon on Thursday filed with the Quezon City Regional Trial Court a P650,000 civil suit against pollsters SWS and Pulse Asia Inc. for influencing public opinion and setting a trend among voters, negatively affecting his campaign.

Gordon asked the court to temporarily restrain the polling firms from conducting surveys and publishing survey results.

The Comelec, however, explained that it couldn’t prevent polling firms and candidates in May elections from publishing survey results.

“There is no prohibitions against publication of surveys and the Comelec is just enforcing the law,” Comelec spokesman James Jimenez said in an interview.