The Supreme Court has declared unconstitutional the Commission on Elections’ “seizure and destruction of privately-owned tarpaulins, posters, billboards, murals, and other election materials installed or posted on private properties.”
With the ruling, the SC made permanent its temporary restraining order issued on March 8, 2022 against the Comelec’s “Oplan Baklas” that was enforced through Resolution No. 10730 under Republic Act No. 9006, the Fair Election Act, for the May 9, 2022 national and local elections.
In an en banc decision penned by Associate Justice Jose Midas P. Marquez, the SC granted the petition filed by St. Anthony College of Roxas City, Inc. represented by Sister Geraldine J. Denoga, Dr. Pilita de Jesus Liceralde, and Dr. Anton Mari Hao Lim.
In their petition, the SC was told that the Comelec wrongfully interpreted and implemented Sections 21 (o), 24 and 26 of Resolution No. 10730 when the poll body applied these provisions to non-candidates.
“The taking down of privately owned materials in private property without notice and hearing and even the threat of legal action constitutes a chilling effect to the citizens’ right to freedom of expression, including political speech, thereby meriting immediate action from this Honorable Court,” the petitioners said.
The petitioners told the SC that their tarpaulins, posters, murals and other election materials that were all posted or displayed in their private property were forcefully dismantled, removed, destroyed or defaced and/or confiscated by the Comelec.
They asked the SC to compel the Comelec to return and/or restore all tarpaulins, posters, billboard, murals, and other election materials dismantled, removed, defaced and/or confiscated pursuant to “Oplan Baklas.”
They cited the SC’s 2015 decision involving the same issue in the case elevated to the High Court by the Diocese of Bacolod City against the Comelec.
In the Diocese of Bacolod City case, members of the diocese posted two oversized tarpaulins inside the compound of the San Sebastian Cathedral in the city.
The Comelec directed the removal of the two tarpaulins with a warning that if not removed those responsible would be charged with violations of election laws pertaining to oversized campaign materials.
The members of the Diocese of Bacolod elevated the issue before the SC which issued a TRO against the Comelec order.
In resolving the petition in its 2015 decision, the SC ruled that the Comelec order was unconstitutional because the poll body “has no power to regulate the right to free expression of private citizens, who are neither candidates nor members of political parties.”
“The Comelec’s action directing petitioners to remove the tarpaulins on their own property also violated petitioners’ right to property,” the SC lamented.
Seeking the dismissal of the petition filed by the group of St. Anthony College, the Comelec told the SC that its actions were done in the exercise of its quasi-legislative functions.
The poll body cited that the election materials displayed are “political advertisements” or “election propaganda” which are subject to regulations on size, time, manner and place of posting.
The SC said the only issue in the petition “is a pure question of law, i.e., the extent of the Comelec’s authority to regulate privately-owned election paraphernalia.”
“Neither Republic Act No. 9006 nor the Omnibus Election Code provides statutory basis for Comelec’s implementation of ‘Oplan Baklas’ against private persons with respect to privately-owned election materials displayed on private property. The Comelec’s implementation of ‘Oplan Baklas’ as to the election materials owned and displayed by St. Anthony College et al. is an impermissible encroachment on the latter’s right to freedom of speech and expression,” the SC ruled.
“The Court has always protected political speech as, one of the most important expressions guaranteed by the Constitution, and freedom of speech and expression is at the core of civil liberties and must be protected at all costs for the sake of democracy,” it added.
“While the Court acknowledges the zeal and dedication with which the Comelec performs its duties and fulfills its mandate to ensure free and fair elections, the best intentions cannot justify impermissible infringements on constitutional rights. Accordingly, instant Petition is granted. The temporary restraining order previously issued is made permanent. The seizure and destruction of privately-owned tarpaulins, posters, billboards, murals, and other election materials installed or posted on private properties are declared unconstitutional,” the high court declared.
“The Commission on Elections is ordered to return and/or restore the election materials belonging to petitioners St. Anthony College of Roxas, Inc., Dr. Pilita De Jesus Liceralde, and Dr. Anton Mari Hao Lim within 15 days from finality of this Decision. So ordered,” the SC stressed.