“Oplan Baklas” of Comelec vs Illegal Campaign Materials Earns Criticisms
The “oplan baklas” of the Commission on Election (Comelec) received criticisms for allegedly trespassing private properties.
The Comelec’s effort to dismantle campaign materials under the scope of private property was criticized by three contentious individuals in the nation. Comelec’s move, according to former Commissioner Rowena Guanzon, might be termed trespassing.
READ ALSO: Comelec Flags Marcos-Duterte Mascots After Spotted at Gov’t Event
The proprietors of the posters were not given the opportunity to explain themselves before the demolition, according to election lawyer Romulo Macalintal. Senator Leila de Lima echoed this sentiment, stating that residents have the right to express their election views through materials displayed on their own land and made publicly accessible.
“The right of citizens to express their electoral preferences through material posted, hung or otherwise set up on their own property and made visible publicly is protected speech. It cannot be subjected to Comelec regulation legally without violating the constitutional proscription against prior restraint,” she stressed.
The Comelec’s representative, James Jimenez, stated that they have the authority to remove candidates’ posters even if they are in a private location, especially since campaign materials must be below a certain size limit. The size of each campaign poster is limited to 2ft x 3ft under the Fair Elections Act’s Implementing Rules and Regulations (IRR).
The Comelec, according to election lawyer Romulo Macalintal, cannot take down a candidate’s campaign materials if they are placed inside a private residence. The Comelec and the police cannot seize campaign materials, no matter how large they are, according to Macalintal.
Videos that went popular on social media about the Comelec’s destruction, as well as police campaign posters on private property, were exhibited at the news conference held at the Leni-Kiko Volunteer Center Headquarters in Quezon City. Despite this, he claims that filing a temporary restraining order with Comelec’s Oplan Baklas is unnecessary since the election might be ended before the court order is issued.
READ ALSO: Police Helping in “Oplan Baklas” vs Robredo to Face Charges – PNP
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