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Dismantled tarpaulins lay stacked outside of a barangay hall in Quezon City on March 9, 2022. Mark Demayo, ABS-CBN News
MANILA (UPDATED) — The Supreme Court en banc said the removal of campaign materials within private properties is unconstitutional.
The court granted the petition for certiorari, prohibition and mandamus filed by St. Anthony College of Roxas City, Inc. against the Commission on Elections after their tarpaulins, posters, murals and other materials expressing support for former Vice President Leni Robredo were confiscated and destroyed.
“The Comelec's implementation of Oplan Baklas as against St. Anthony et al., is unconstitutional as it exceeded the bounds of permissible regulation under Republic Act 9006 (Fair Election Act) and COMELEC Resolution No. 10730,” the court said in the decision penned by Associate Justice Jose Midas Marquez.
The Supreme Court said the law only permits Comelec to regulate election propaganda but it does not allow the poll body to regulate the political speech of private persons on private property.
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“The Comelec also violated the property rights of St. Anthony College, as there was no legal basis for the Comelec's entry into their private property and removal and destruction of their privately-owned campaign materials,” the Supreme Court said in a statement.
The high court said it has always protected political speech as one of the most important expressions guaranteed by the constitution.
The court acknowledged 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,” the court said.
In a statement, Comelec Chair George Garcia said they never removed campaign materials within private properties, whether owned by the candidates or not.
"Private ownership and its free exercise is constitutionally guaranteed. It's good to know that the Supreme Court is allowing Oplan Baklas as against candidates and political parties. This pronouncement strengthened our mandate," he added.
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