The Commission on Elections (Comelec) violated the rights of private citizens and right to property when it ordered authorities to take down campaign posters and tarpaulins from private properties, opposition coalition 1Sambayan said on Wednesday, Feb. 16.
Lawyer Howard Calleja, one of the convenors of 1Sambayan, called the acts “unconstitutional and illegal” while Women Lawyers for Leni (WL4L) tagged it “undemocratic and unconstitutional.”
“Let this be made clear: such acts are unconstitutional and illegal for being violative of freedom of speech and one’s right to property,” he said.
“Clearly, then, Comelec is clearly violating the sacred freedoms of private citizens when it decides to take down materials that private citizens post on their own private property. Regardless of whether the posting in private property is publicly visible or not—such postings remain to be private acts in private properties,” Calleja added.
The lawyer cited a precedent a Supreme Court ruling in the Diocese of Bacolod vs Comelec (2015) wherein the High Court stated that “Comelec (has) no legal basis to regulate expressions made by private citizens.”
“Freedom of speech and expression are sacrosanct rights, and in the same case, the Supreme Court further reminded Comelec that size matters in connection to the exercise of these freedoms,” Calleja explained.
The size of the tarpaulins and posters should not matter and fall under Comelec guidelines on the size of campaign materials when these are posted in private properties.
Calleja’s statement came after Vice President Leni Robredo’s spokesman Barry Gutierrez asked the Comelec to ensure the right to freedom of speech as personnel of the Department of Public Works and Highways (DPWH) and the Metropolitan Manila Development Authority (MMDA) took down the presidential candidate’s and running mate Sen. Kiko Pangilinan’s posters from a volunteer center in Quezon City.
Simultaneously, volunteer groups began posting videos in various parts of the country showing policemen taking down Robredo’s tarpaulins from privately owned volunteer centers.
READ: Robredo camp reminds Comelec of citizens’ free speech in the removal of campaign materials
One video showed someone removing Robredo’s poster from inside a private building.
In a post circulating from Lawyers for Leni, they reminded volunteers to take videos and file a complaint for trespassing, malicious mischief, and grave coercion.
In a statement, 1Sambayan said that if the poll body pushes through with its “Operation Baklas,” apparently to remove campaign materials from non-designated areas, it “is tantamount to the commission of unconstitutional and illegal acts.”
“We hope this clarification encourages and emboldens everyone to exercise their freedom of speech and expression and not let Comelec or this government silence our voices—especially at such a crucial time in our history,” it added.
Even as Comelec spokesman James Jimenez argued that the actions of the commission are allowed under Comelec Resolution No. 10730, WL4L maintained that “the only requirement for posting campaign materials on private properties is the property owner’s consent, and the only justification for regulating such is the presence of a law allowing it.”
Citing cases Diocese of Bacolod v. Comelec and Adiong v. Comelec, the group said that “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.”
“Private property cannot be regulated by Comelec in the absence of a law allowing it to do so,” the statement read, reflecting a similar tone used by Comelec Commissioner Aimee Ferolino in her decision to scrap the disqualification cases against former Senator Ferdinand Marcos Jr., who is running for president.
“Comelec should not weaponize its resolution against ordinary citizens who, from their own resources, contribute to promoting a better political system for the whole nation. 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 therefor,” it added.