The Commission on Elections (Comelec) removed unlawful election materials during the launch of the
"Operation Baklas" in the National Capital Region on Wednesday, Feb. 16.
The "Operation Baklas" covered the areas of Pasay, Makati, Mandaluyong, Quezon City, Pasig City and Caloocan.
"Comelec are out here in force today to actually to go through the streets of the city to actually make sure there is compliance with our campaign materials posting...and sizes of printed propaganda materials," Comelec Spokesperson James Jimenez said during the launch.
"The Metropolitan Manila Development Authority (MMDA) are here as well and they will be our very invaluable partners in what we are doing," he added.
"This is a region wide activity so this will be all over NCR... there will be more of these events in the next few days," said Jimenez.
The rules on campaigning already took effect on Feb. 8, the start of the campaign period for national candidates.
Meanwhile, election lawyer Romulo Macalintal said the Comelec has no power to remove campaign materials posted by non-candidates on their private properties even if such materials do not comply with the size prescribed by the poll body, without notice and hearing or without giving them the opportunity to be heard.
"The said campaign materials are properties of the owners and they cannot be deprived of their constitutional right to use it without due process," he said in a statement.
"Hence, the Comelec should immediately stop tearing down alleged oversized campaign materials posted on private properties with the consent of the owners who are non-candidates, without notice and hearing," added Macalintal.
He said Section 9 of Republic Act No. 9006 pertaining to the power of the Comelec to regulate the posting of campaign materials “only apply to candidates and political parties” as held by the Supreme Court in the 2015 case of Diocese of Bacolod vs Comelec.
The Comelec’s position that the case of Diocese of Bacolod pertain only to “campaign materials about advocacies," Macalintal said, is misleading because the SC decision was not made pro hac vice (for that case only).
"The doctrines laid down by the SC in that case are applicable in all issues pertaining to a non-candidates’ right to use their own private properties in the exercise of their right of free expression," he said.
"In a word, the SC said that the Comelec does not have the authority to regulate enjoyment of the preferred right to freedom of expression exercised by a non-candidate," added Macalintal.
"Hence, non-candidates may challenge, refuse or should not allow anyone to remove their alleged oversized campaign materials posted on their own private properties without being given the opportunity to be heard since the size of said posters does not at all affect anyone’s constitutional rights nor does it endanger any state interest," he said.