Comelec urged to temporarily suspend rules on campaign posters in private property

Election lawyer Atty. Romulo Macalintal on Monday urged the Commission  on Elections (Comelec) to temporarily suspend the implementation of its regulations on oversized campaign posters installed by non-candidates in private property.

In a letter to Comelec, Macalintal said the requested temporary suspension until March 25, which is the start of the campaign period for local candidates, will give the poll body time to review its regulations.

“…May I respectfully request that, pending such review, certain provisions of your Resolution No. 10730 be temporarily suspended even until the start of the campaign period for local officials on March 25, 2022 in order to have a uniform policy for both national and local candidates,” he said.

Macalintal questioned the removal of “illegal” campaign posters in private property without notice or hearing, saying that this violates the person’s constitutional rights and due process.

He also pointed out that provisions of the Republic Act 9006 (Fair Election Act) regarding election propaganda materials do not apply to private persons or non-candidates but only to candidates and political parties.

According to him, private persons have the right to express ideas by posting campaign materials, even those from candidates, in their own properties.

Macalintal also questioned making candidates liable for the campaign posters expressing support for them that are posted in prohibited areas. Candidates are given three days from notice to remove these posters in prohibited places.

For Macalintal, it is an “absurdity” to have candidates or political parties go to provinces to remove these posters.

Amid criticisms, the Comelec earlier insisted that the size of campaign posters put up by private individuals inside private property should be regulated

Comelec spokesperson James Jimenez on Monday also said posters promoting candidates paid for by private individuals and placed in private property won't be taken down by the poll body if they are based on advocacy. 

"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.)

Macalintal, however, disagreed, saying that "when a person, especially a non-candidate, posted on his property a campaign material, 'he is expressing more than the name; he is espousing ideas.' (Adiong vs Comelec, GR 103956, March 31, 1992). In a word, he is expressing his own advocacy because the candidate's advocacies and that of their supporters' are indivisible; and it is fair to say that one's choice of candidate represents one's own advocacies."

In an ambush interview, Presidential candidate Panfilo Lacson expressed support to Macalintal’s argument.

“Ang position namin ‘di ba lagi, private property is private property mabuti si Atty. Macalintal cited a Supreme Court ruling in that regard na kapag pribadong property ng indibidwal mayroon siyang right ‘wag lang siyang makakaperwisyo sa kapitabahay…So, we support that,” he said in an ambush interview.

(Our position is a private property is a private property. It’s good that Atty. Macalintal cited a Supreme Court ruling in that regard where an individual has his rights over a private property as long as they don’t distract other people. So we support that.)

GMA News Online has contacted Comelec for comment but has yet to receive a reply. —Joviland Rita/Llanesca Panti/Hana Bordey/KG, GMA News