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SC TRO stops Comelec's Oplan Baklas vs. oversized campaign posters
By RICHA NORIEGA,GMA NewsThe Supreme Court (SC) on Tuesday issued a temporary restraining order (TRO) on the Commission on Elections' (Comelec) "Oplan Baklas," its campaign to take down campaign posters that are either oversized or posted in restricted areas.
In an en banc resolution, the high court ordered the Comelec and its spokesperson James Jimenez to comment on the petition within 10 days from the receipt of the notice.
Supporters of presidential candidate and Vice President Leni Robredo earlier asked the high court to stop the poll body
from taking down oversized campaign posters in private properties, saying it was a violation of the constitutional right to free expression, among others.“The petitioners sought the issuance of a TRO, while the resolution of the petition is pending, prohibiting the Respondents from implementing Section 21 (o), Section 24, and Section 26 of the COMELEC Resolution No. 10730 with respect to the poll body’s order to dismantle, remove, destroy, deface, and/or confiscate all election materials that are privately owned and privately funded solely by volunteers and private citizens and posted and/or installed within their private properties,” the SC said in its resolution.
The petitioners said the resolution only covered candidates and political parties, and not private individuals such as the petitioners.
In addition, they disagreed with the Comelec's position that it had the authority to regulate tarpaulins since they were election propaganda. They said the volunteers were not candidates and did not belong to any political party.
Last February 16, the Comelec and other authorities started taking down election campaign posters that were either oversized or posted in restricted areas.
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Jimenez earlier said the Comelec was just “making steps” to ensure that “our laws [were] complied with.”
The Comelec spokesperson also said their personnel got prior consent from owners of private properties before the supposed illegal campaign posters are taken down.
He added private property owners were notified if there are illegal campaign materials within their jurisdiction.
In a statement, volunteer group Team Leni Robredo praised the court's decision. "[T]he High Tribunal recognizes the urgent and solemn need to protect the rights of every Filipino to due process of the law; to be secure against unreasonable searches and seizures; and most importantly, the right of each Filipino to freedom of speech and of expression," it said.
"Let us be clear that this win is preliminary. The TRO is just a short respite for our hardworking volunteers demanding for a change in leadership – one that is clean, efficient, and for the people," it added. —NB/BM, GMA News