Comelec says ‘Oplan Baklas’ is allowed on private property

The Commission on Elections (Comelec) was recently called out for allegedly abusing its power with “Oplan Baklas” a.k.a. an initiative to take down unlawful campaign materials. The controversy behind the move started after reports said authorities removed posters of candidates on private property.

For example, posters and tarpaulins were dismantled at a volunteer center in Isabela province. A huge pink mural, a symbol of support for VP Leni Robredo and her running mate, Kiko Pangilinan, was also seen being painted over by Comelec personnel.

Comelec spokesperson James Jimenez clarified that their personnel asked permission from private property owners first before taking down oversized campaign materials.

What does the law say?

Republic Act No. 9006 or the Fair Election Act states what is considered lawful election propaganda. It includes posters that have the maximum size requirement of 2 feet by 3 feet. If it is posted at a rally site, its size can be up to 3 feet by 8 feet.

The rule also explains lawful election propaganda, which adheres to size provisions, is allowed to be installed on private premises, given that there is the owner’s consent.

The poll body released Comelec Resolution No. 10730 in November 2021 for the upcoming elections. It holds the implementing rules and regulations (IRR) of RA 9066 in connection with 2022’s vote.

Under the resolution, Comelec notes that posters placed on private property “must comply with the allowable size (2 feet by 3 feet) requirements for posters,” and “any violation shall be punishable as an election offense.”

What does Comelec say?

Jimenez told CNN Philippines’ The Source on Friday that posters expressing support for candidates are considered election materials and are subject to regulation. He said, ‘Freedom of speech accepts regulation in the proper instances.’

‘As mentioned in the Supreme Court, there’s a species of speech that becomes election propaganda and is therefore the valid constitutional subject of regulation,’ he added.

Jimenez was referring to the 2015 Supreme Court (SC) decision on the Diocese of Bacolod vs. Comelec. It states how a type of speech by a private citizen can be deemed “election paraphernalia”, which can be validly regulated by law.

Speaking with PhilStar, election lawyer Emil Marañon thinks Comelec appears to be cherry-picking portions of the Diocese of Bacolod ruling. He said, ‘It cannot deny that the overarching doctrine laid down in that case is that posters by private citizens are outside of the regulatory reach of the Comelec.’

Marañon urged that the regulation on the size of campaign materials set by Comelec only applies to candidates and not to private citizens.

What is the Supreme Court’s involvement?

In 2015, the SC approved a ruling, which is currently being cited to strengthen the argument on how Comelec isn’t allowed to control oversized posters on private property.

The Diocese of Bacolod put up huge tarpaulins (about 6 ft. by 10 ft.) inside a private compound in 2013. The banner presented the senatorial candidates that year and categorized if they were against (Team Buhay) or supportive (Team Patay) of the reproductive health bill then.

Since the sign exceeded the Comelec’s size requirements under RA No. 9006 and its IRR, a local election official had it removed. But the Diocese of Bacolod went straight to the SC, and the magistrates ruled in the priests’ favor in 2015.

That ruling read, “Limiting the maximum size of the tarpaulin would render ineffective petitioners’ message and violate their right to exercise freedom of expression.” The SC also said that the Comelec had “no legal basis to regulate expressions made by private citizens.”

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Source: we the pvblic