Comelec: Removal of illegal posters with consent of property owners

Commission on Elections (Comelec) spokesperson James Jimenez said their personnel get prior approval from owners of private properties before the supposed illegal campaign posters are taken down.

"Tuwing pumapasok ang mga taga-Comelec, with consent ng property owner. Hindi sila sumasalakay basta-basta," Jimenez was quoted as saying in a tweet by GMA's Tina Panganiban-Perez on allegations of trespassing and seizure of property without warrant during "Oplan Baklas."

The official added private property owners were notified if there are illegal campaign materials within their jurisdiction.

Comelec Spokes James Jimenez on allegations of trespassing, seizure of property without warrant, etc during Operation Baklas: Tuwing pumapasok ang mga taga-Comelec, with consent ng property owner. Hindi sila sumasalakay basta-basta. @gmanews #Eleksyon2022

— Tina PanganibanPerez (@tinapperez) February 17, 2022

“In some cases, the property owner takes down the materials themselves. Or Comelec na ang sinasabihang magtanggal. Pag hindi tatanggalin, doon magkakaproblema kasi illegal campaign materials 'yon (Or the Comelec is told to remove. If it is not removed, there will be problems because those are illegal campaign materials). Owners will be given notice,” Jimenez said.

He underscored that there is no preferential treatment for candidates in the  removal of campaign posters in private properties during the campaign period.

Jimenez said they have documentation that billboards of almost every other presidential candidate were removed.

“Yung iba, kusang nagbaba. Sinusulatan kasi sila ng Comelec kaya yung iba, nagkukusa. Pag hindi, tinatanggal ng Comelec. Pag may mga hindi pa nabaklas pero nasulatan na, cino-coordinate yan with every region. Pinupuntahan ang mga ito at vine-verify,” he said.

(The others took it down on their own because the Comelec notify them, so the others voluntarily remove the campaign materials. Otherwise, the Comelec removes it. For those who have not been taking down illegal campaign materials but have been notified, they are coordinated with every region. They were approached and verified.)

“Pero hindi ibig sabihin na may preferential treatment o may discrimination. Hindi lang kayang tapusin in one day,” he added.

(But that does not mean there is preferential treatment or discrimination for other candidates. It just cannot be finished in one day.)

Asked on the mural of Vice President Leni Robredo and her running mate senator Francis “Kiko” Pangilinan in Echague, Isabela which was painted over, Jimenez said “Yung aming provincial election supervisor actually talked to the owner at sinabi niyang, ‘mam, bawal po yan at sinabing pipinturahan yan ng election officer namin.’”

(Our provincial election supervisor actually talked to the owner and he said, “mam, that is not allowed and our election officer will paint it.)

“Yung owner ng property actually said, puwede bang pink na lang? Ibig sabihin, may consent noong owner na tanggalin na yung mural,” he explained.

(The owner of the property actually said, could it just be pink only? It means, there is a consent from the owner to remove the mural.)

Jimenez said that the poll boy is not being “oppressive,” noting that the owner agreed to paint over the mural.

He said that murals of candidates could also be regulated, adding that it is also campaign materials for the upcoming elections.

The Comelec spokesperson said the poll body is prepared for any cases to be filed by any candidate.

“Kung gusto nilang magkaso (If they want to sue us), that’s something that we’re prepared to meet. If the actions of our officers are backed up by existing laws then we feel that, that will stand up in court,” he added.

In a video shared by the camp of Vice President Leni Robredo, it was shown that her posters was taken down by the personnel of Philippine National Police (PNP), Bureau of Fire and Protection (BFP), and Comelec officers at the Leni-Kiko volunteer center in Santiago, Isabela.

The authorities also took down posters inside the volunteer center.

Lawyer Barry Gutierrez, Robredo's spokesperson, urged the Comelec to review its election policies as he claimed that there was a clear violation of the law when the poll body removed campaign materials in places owned by private individuals as part of its “Oplan Baklas.”

Election lawyer Romulo Macalintal backed Gutierrez, reiterating that the Comelec has no authority to remove oversized campaign posters in private properties. He said this violates the right of the candidates and the volunteers to freedom of expression.

“It is very arbitrary and a clear case of abuse of power and discretion and violation of one’s constitutional right to property,” Macalintal said, adding Comelec's action violated Section 1, Article 3 of the Bill of Rights.

Meanwhile, several presidential aspirants and organizations have appealed to the Comelec to stop taking down and confiscating election campaign posters in private properties.—LDF, GMA News