Baguio court stops enforcement of Comelec campaign rules, sets April 4, 2022 hearing

The Baguio City Regional Trial Court on Monday issued a cease and desist order on the Commission on Elections (Comelec) Resolution 10372 providing guidelines for the 2022 poll campaign period and the poll body's policy requiring volunteer groups to secure permit in staging election-related activities.

The decision signed by Executive Judge Ligaya Itliong-Rivera dated February 28, 2022 stemmed from the petition filed by volunteer groups including Paolo Cabato, lawyer Karina Gay Liggayu, Leandro Ponce, Dr. Clinton Balud, Michael Lagasca, Mia Magdalena, Roberta Ruebe and Jeanette Cawiding.

"Upon consideration of the allegations contained in their verified petition in support of the prayer for the issuance of a temporary restraining order (TRO) and it appearing that before the matter could be heard on notice, the petitioners would suffer grave and irreparable injury, the court hereby orders respondents Comelec with office address at Intramuros Manila and Comelec-Cordillera Administrative Region with office address at Baguio City to cease and desist, for a period of 72 hours only, from enforcing Comelec Resolution 10732 and requiring volunteers and volunteer groups OBB-RPC, BBDL, 1Sambayan, LfPM and Youth for Leni to apply for a Comelec permit for the conduct or any election campaign activity," the court said.

The court initially issued a 72-hour TRO on Comelec Resolution 10732, but extended it until April 4, 2022, the same day for the scheduled hearing on the petition.

The court granted the plea of Comelec, through lawyer Romeo Aguilar, for extra time.

"Atty. Aguilar manifested that their office just received the memorandum from Comelec main office to furnish a copy of the petition and the order to the Office of the Solicitor General. He prayed for the resetting of the hearing," the court said.

"He also made commitment that in the meantime that the propriety of the extending the TRO is not heard and not resolved, the Comelec will observe the status quo which means that the Resolution 10732 will not be implemented," the court added.

Under Comelec Resolution 10372, those who can apply for a permit for the conduct of election campaign activities include the candidate or his/her duly authorized representatives and the duly authorized representative of accredited political party, party-list or coalition.

The same Comelec Resolution also states that a duly authorized representative must present a Special Power of Attorney executed by their respective principal on his/her behalf at the moment of filing [of the application for permit].

Comelec Resolution 10372 is silent on election related activities organized by volunteers/volunteer groups.—LDF, GMA News