Different groups opposed Commission on Elections’ “Oplan Baklas,” wherein campaign posters were taken down and confiscated even if placed in private properties.
They called such a move “undemocratic” and “unconstitutional.”
“We implore the honorable Commission on Elections to order its election officers and employees to cease and desist from illegally removing and confiscating campaign materials and paraphernalia owned, posted, and installed by private citizens and volunteers in their private property, such as those installed in volunteers’ headquarters,” the groups said in a statement.
Women Lawyers for Leni, Lawyers Against Disinformation, Filipino American Human Rights Alliance, Sandigan ng Mag-aaral para sa Sambayanan and Now You Vote made the call to stop “Oplan Baklas.”
“This action not only crushes the spirit of volunteers who painstakingly, over the last months, have organized and devoted time and resources to express their support for their candidates but also goes against fundamental Constitutional rights of the people to property, expression, and information,” they said.
The groups insisted Comelec cannot regulate private property due to the absence of a law allowing it to do so.
Groups slam Comelec’s removal of campaign posters on private properties
They added the only requirement for posting election campaign materials on private properties is the property owner’s consent.
As an example, they used the January 2015 ruling on the Diocese of Bacolod vs. Comelec and the March 1992 decision on Adiong vs. Comelec. Both cases ruled on tarpaulins being removed on private properties.
“Clearly, posters and tarpaulins posted on private properties and volunteer headquarters, no matter their size, are outside the regulatory powers of the Comelec in the absence of a law granting Comelec such authority,” they said.
“Citizens’ right to participate in the electoral process, which include promoting candidates using their resources within their property dominion, cannot be restricted by Comelec absent any specific legislation, therefore,” they added.
The groups also denounced government law enforcement trespassing and intruding into private properties.
“The due process clause enshrined in the Constitution is at the heart of our democratic and free society. To this effect, we urge the honorable commission to stop this undemocratic and unconstitutional act,” they said.
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