SC: Comelec removing campaign materials in private properties 'unconstitutional'

The Supreme Court (SC) on Tuesday ruled that the Commission on Elections (Comelec) cannot remove or destroy campaign materials displayed on private properties, declaring it unconstitutional.

According to the SC, the Supreme Court En Banc granted a petition for certiorari, prohibition, and mandamus filed by the St. Anthony College of Roxas City Inc. against the poll body.

“The Comelec’s implementation of Oplan Baklas against St. Anthony et al., is unconstitutional as it exceeds the bounds of permissible regulation under RA 9006 and Comelec Resolution No. 10730,” the SC said in a statement.

The SC said St. Anthony College and others were the owners of campaign materials that expressed support for former Vice President Leni Robredo which were displayed on their premises.

This was confiscated and destroyed by Comelec pursuant to the poll body’s Oplan Baklas under Republic Act (RA) 9006 or the Fair Election Act and Comelec Resolution 10730.

According to the SC, the Fair Election Act only permits Comelec to regulate election propaganda of candidates and political parties.

“While COMELEC may validly implement Oplan Baklas against candidates and political parties, it cannot implement Oplan Baklas against private individuals expressing their political preferences,” the SC said.

“The Comelec also violated the property rights of St. Anthony College, as there was no legal basis for the Comelec’s entry into their private property and removal and destruction of their privately-owned campaign materials,” it added.

The SC stressed that “the best intentions cannot justify impermissible infringements on constitutional rights.”

In a message to reporters, Comelec chairman George Garcia said they are not removing campaign materials on private properties.

“Private ownership and its free exercise is constitutionally guaranteed. It's good to know that the SC is allowing Oplan Baklas as against candidates and political parties. This pronouncement strengthened our mandate,” he said.

In 2022, Comelec drew flak for taking down or painting over posters or murals on private properties for being oversized and not being placed in common poster areas. —VAL, GMA Integrated News