The Integrated Bar of the Philippines (IBP) on Sunday, Feb. 27, lambasted as “beyond the scope provided by law” the actions made by the Commission on Elections (Comelec) to remove political posters in private property.

In a statement, IBP said: “There can be no meaningful exercise of the right to suffrage if the people’s basic and essential freedoms are unduly restrained and disregarded in the name of equal opportunity for all candidates.”

It reminded the Comelec that its authority “emanates from the people.”

“Apart from regulating the actions of the candidates and the electorate during this period, it is equally Comelec’s duty to ensure that all Filipinos -- source of the winning candidates’ mandate -- remain free to express their participation in the elections and be protected from any restriction beyond what is provided by law and the Constitution,” it said.

It said it issued its stand on reports that during the Comelec’s implementation of Oplan Baklas, pursuant to Resolution No. 10730, the poll body “dismantled posters, voluntarily and unilaterally put up by citizens in the confines of their private property, for exceeding the allowable size for campaign materials.”

It pointed out that the Supreme Court (SC) had declared that “regulation of the posting of campaign materials and the definition of lawful election propaganda under Section 9 and 3, respectively, of Republic Act No. 9006, or the Fair Elections Act, only apply to candidates, political parties and party list groups.”

“Accordingly, it follows that Comelec’s power to remove, confiscate or destroy ‘any prohibited form of election propaganda’ or ‘unlawful election materials’ under Section 25 to 29 of Comelec Resolution No. 10730 is also limited to those posted or caused to be posted by candidates, political parties and party list groups,” the IBP said.

“As such, Comelec’s dismantling of political posters by non-candidates but which were not sponsored or solicited by any candidate, political party or party list group, is void for going beyond the scope provided by law,” it stressed.

It noted that “the restriction of posters by candidates, political parties and party list groups to a size of two (2) feet by three (3) feet under Republic Act No. 9006 was meant to ensure compliance with the allowable spending requirements and prevent candidates, political parties and party list groups with huge resources from creating unfair advantage over those with fewer resources.”

“However, as aptly pointed out by the Supreme Court, the guarantee of freedom of expression to individuals without any relationship to any political candidate should not be held hostage by the possibility of abuse by those seeking to be elected.” it said.

“Since the dismantled posters, voluntarily posted by non-candidates at their own instance, are not election propaganda regulated by law, it goes without saying that the Comelec cannot overzealously subject them to the 2 feet by 3 feet restriction for candidates in the guise of ensuring equal opportunity among candidates,” it added.

IBP asked Comelec to review Resolution No. 10730 and set “reasonable rules” for investigating whether any election-related material, in whatever form is covered by RA 9006; give affected persons to right to be heard and defend their rights to lawful expression; place safeguards or protocols in confiscating, removing, dismantling or destroying prohibited election materials; setting clear scope and limits to what police force are allowed to do in assisting the Comelec; and provide expeditious remedies that may be availed by aggrieved individuals.

It said it is “committed to assist the Comelec and voluntary organizations in delivering a peaceful, credible and safe electoral process.”