Comelec: Advocacy-based campaign posters within private property may be allowed

Posters promoting candidates paid for by private individuals and placed in private properties won't be taken down by the Commission on Elections (Comelec) if they are based on advocacy, Comelec spokesperson James Jimenez said Monday.

Jimenez made the response as the poll body continues to draw flak over its Oplan Baklas operations wherein candidates' posters in private properties, even murals, were taken down or painted over by Comelec for being oversized and not being placed in common poster areas.

The critics have argued that the Comelec's Oplan Baklas violates the constitutional right to freedom of expression. They said Oplan Baklas also defies the Supreme Court ruling in the case of The Diocese of Bacolod vs. the Comelec 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).

"It depends on the material used. Kung ang ginagawa mo lang ay nilalabas mo lang iyong campaign poster ng kandidato, ibang usapan 'yan. That is simple political campaigning na sabi ng Supreme Court, puwede i-regulate," Jimenez said during the Laging Handa public briefing.

(If you are mounting the campaign posters of candidates, that is simple political campaigning that we can regulate as provided by the Supreme Court ruling.)

"Pero kunyari, nagpagawa ka ng sarili mong banner, nagpahayag ka ng sarili mong adbokasiya and in the process, binanggit mo ang pangalan ng kandidato, maaaring makalusot pa 'yan, kasi nga, adbokasiya siya," he added.

(But if you produce a banner stating your advocacy and in the process, you mentioned the candidate, then that could be allowed because that is an advocacy.)

Jimenez earlier said that campaign posters paid for and mounted within private property are election propaganda that can be regulated. 

The High Court ruling on Team Patay/Team Buhay tarpaulin/posters, however, 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."

Jimenez has since conceded that the Comelec is reviewing its rules as a result of the public outcry.

"We are already looking at it (changing the rules), and we are open to those who will submit contrary opinion or observations," he added. 

Attack on free speech

In a separate statement, five women public officials of the Pinunong Pinay Power (PPP) joined the private citizen supporters of presidential candidate Vice President Leni Robredo and running mate Senator Francis "Kiko" Pangilinan in protesting the Comelec takedown of private-funded campaign posters in private properties.

Tabaco City Mayor Krisel Lagman-Luistro said the Comelec takedown is “an attack on our free speech and property rights.”

"Comelec's powers are limited to leveling off the playing field for candidates and political parties, not private citizens thus should immediately cease these unconstitutional acts," Lagman said.

"Comelec was brushing aside the citizens’ rights to express political opinions," Naga City Vice Mayor Cecilia De Asis added.

Zambales Board Member Carolyn Senador-Fariñas, who is running for mayor in San Felipe, Zambales, also argued that Operation Baklas contradicts the Comelec’s mandate to ensure peaceful and free elections.

"Free discussion of issues and the candidates and their platforms are part of democracy," Fariñas said.

Tuguegarao City Councilor Marjorie Martin, for her part, said that while the Comelec has the authority to regulate elections and to ensure that no one takes advantage of the electoral process, such power does not involve the intrusion in private property and most especially the violation of every Filipino’s freedom.

"The indiscriminate removal of posters and painting over murals on private property without due process of the law is clearly illegal and uncalled for," Martin said.

“We call on the Comelec, the Philippine National Police and other members of the Baklas Team to perform their tasks in accordance with law and respect for the Filipinos' right to freedom of speech and expression,” Martin added.

For Virac, Catanduanes Vice-Mayor Arlynn Arcilla, Operation Baklas is a clear violation of the people’s freedoms of expression and privacy and  assured her constituents that they can rely on her administration to ensure that these violations will not happen in their municipality.—KG, GMA News