Comelec insists oversized posters inside private properties can be removed

The size of campaign posters put up by private individuals inside private properties should be regulated because it is election propaganda, not protected speech, the Commission on Elections (Comelec) said Friday.

"Freedom of speech accepts regulation in the proper circumstances. As mentioned in the Supreme Court ruling, there is specie of speech that becomes propaganda, and ito 'yun," Comelec spokesperson James Jimenez said in a CNN Philippines interview.

"Because we are in campaign season, there is a need to level the playing field. The  Supreme Court has ruled that yes, this is constitutional," he added.

He made the response after the poll body drew flak over its Oplan Baklas operations which removed oversized  campaign posters inside private property of individuals who are not candidates or part of a political party.

The poll body has set the size of campaign posters to 2 feet by 3 feet.

"[Right to] free speech is not absolute. Thus far, there are two kinds of speech here. Advocacy-based, which is protected, and speech that's simply a declarative statement, which is election propaganda," Jimenez said.

"The Supreme Court made a distinction between advocacies and declaring a vote for a candidate. We were acting within the scope of Resolution," he added.

Critics of the Comelec's Oplan Baklas' move, however, argued that Comelec is violating constitutional rights, including that of free speech and right to property, as well as defying the Supreme Court ruling on The Diocese of Bacolod vs. the Comelec case which allowed the Diocese  to continue displaying larger than life posters classifying 2013 Senate bets as Team Patay (Pro-Reproductive Health bill) and Team Buhay (Anti-Reproductive Health bill).

The same High Court ruling on Team Patay/Team Buhay tarpaulin/posters states that "while the tarpaulin may influence the success or failure of the named candidates and political parties, this does not necessarily mean it is election propaganda" because the tarpaulin was not paid for or posted in return for consideration by any candidate, political party, or party-list group.

Jimenez, however, conceded that murals are not included in their resolution when asked about Comelec action on a private individual who had her wall painted with a mural expressing support to Vice President Leni Robredo and Senator Francis Pangilinan in Isabela.

The Comelec and police officials painted over the mural after telling the owner that they can do so because they can reach it. The video also showed the Comelec officer saying that even murals inside the compound can be painted over after they serve the owner a notice.

"Technically, murals are not included in our resolution, but there was consent for it to be painted over. The mural acted like a poster but the medium was different," Jimenez said.

"There might be room for clarification on rules," he added.

The camp of Robredo, a candidate for president in the 2022 elections, earlier said they are mulling legal action in connection with the removal of campaign posters inside the property of their supporters for violation of constitutional rights.

The Philippine National Police said it is now investigating the incident.

“Nakarating na po sa ating kaalaman yung videos and pictures na nakuhanan yung ilan nating mga pulis. At ito ngayon po ay subejct ngayon ng investigation,” PNP spokesperson Police Colonel Jean Fajardo said Friday.

(We are aware of the videos and pictures showing some of our police personnel. This is now subject for investigation.)

The involved cops and their immediate supervisors will be asked for their explanation regarding the incident, she added.

Interior Secretary Eduardo Año defended Comelec's Oplan Baklas saying the concerned persons were notified before the actual removal of the illegal campaign posters.

"Meron naman ding warning. Bago magbaklasan diyan ay sinusulatan ng Comelec yung kung sino yung nandun sa poster para in three days ay baklasin nila," he said.

"Ngayon pag hindi pa rin binaklas siyempre maga-action na yung ating Comelec at law enforcement agencies."

(The concerned person is given a warning to remove the poster in three days. If the poster is not removed then the Comelec, together with law enforcement agencies, will act.")—AOL, GMA News