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Robredo supporters ask Supreme Court to stop Oplan Baklas in private properties


Supporters of presidential candidate and Vice President Leni Robredo has asked the Supreme Court to stop the Commission on Elections (Comelec) from taking down oversized campaign posters in private properties, saying it is a violation of constitutional right to free expression, among  others.

The petitioners were specifically asking the High Court to issue a cease and desist order on Comelec Resolution 10730 which allows the poll body to dismantle oversized tarpaulins, posters, billboard, murals, and other election materials which are not located in common poster areas.

They said the resolution only covers candidates and political parties, and not private individual such as the petitioners.

"The right of private individuals to express their beliefs in relation to elections of public officials has been decided previously by the Supreme Court, in the case of Diocese of Bacolod v. Comelec, when it said Comelec had no legal basis to regulate expressions made by private citizens," the petitioners said in a statement.

In addition, the petitioners disagreed with the Comelec's position that it has the authority to regulate tarpaulins since it is an election propaganda. They said the volunteers are not candidates and do not belong to any political party.

"Comelec does not have the authority to regulate the enjoyment of the preferred right to freedom of expression exercised by a non-candidate in this case," they pointed out.

Further, the petitioners argued that posting of election materials in their private property is an act of ownership, and that any restriction on this right to one’s property must be reasonable and there should be a law supporting it.

"There is clear and present danger in the present case that would necessitate intrusion by the Comelec on private properties. All these grounds affirm that the Comelec has no basis in law to regulate the political expression of private individuals. To allow Comelec to continue in taking down their tarpaulins, posters, and other election materials would contravene the previous decision of the Supreme Court, and more importantly, the fundamental freedoms of speech, expression, and due process of law, which the Supreme Court upheld in the cited case," they said.

In closing, the petitioners said their action would also benefit volunteer supporters of other candidates.

"To be clear, while the petitioners are supporters of presidential candidate, Vice-President Leni Robredo, the instant case refers to fundamental and constitutionally protected rights and liberties which apply to everyone, regardless of political inclinations and beliefs," they added.

The petitioners were assisted by lawyers Ray Paolo Santiago, the executive director of the Ateneo Human Rights Center; Jay Pactores Pujanes, Ayn Ruth Z. Tolentino, and other collaborating counsels from Roxas City, Capiz.

In an interview a day earlier, Comelec spokesperson James Jimenez said they welcome any petition against Oplan Baklas but only a decision from the SC will stop them from implementing it.

"We won't stop Oplan Baklas unless we are stopped by the [High Court]," he said.—AOL, GMA News
 

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