A group of supporters of Vice President and presidential candidate Leni Robredo on Tuesday asked the Supreme Court to stop the Commission on Elections from dismantling or confiscating election materials that are privately owned and installed within private properties under its “Oplan Baklas.”
In a 52-page petition filed through their lawyer Ray Paolo Santiago, the petitioners also urged the SC to declare as unconstitutional the acts of the poll body based on its wrongful interpretation and implementation of Comelec Resolution No. 10730.
The Baguio City Regional Trial Court on Monday issued a cease-and-desist order for 72 hours on Comelec Resolution 10372.
Executive Judge Ligaya Itliong-Rivera, in her February 28, 2022 order, said: “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.”
In Manila, petitioners told the Supreme Court that Comelec has no legal basis to regulate their political views, considering that they are private citizens, and that these were manifested within their private properties.
According to them, the dismantling of election materials such as tarpaulins and posters violate their constitutional right to freedom of speech and expression.
The petitioners also argued that these acts of the Comelec were done in violation of their right not to be deprived of property without due process of law.
They said the Comelec Resolution 10730 applies only to candidates and political parties, and not to private individuals.
“Comelec’s regulatory powers on the posting of election propaganda only apply to political parties, party-list groups, and bona fide candidates,” the petitioners said.
“There is nothing in the Fair Election Act which says that they could be applied to non-candidates. Hence, it is not within the power of the Comelec to include non-candidates under its regulatory powers, when said non-candidates were not referred to in the said law. The Comelec cannot prescribe and implement what the law does not provide,” the petition stated.
