File complaints, Comelec dares 'Oplan Baklas' critics
MANILA – Anyone is free to file a complaint before the Commission on Elections (Comelec)
"I would recommend to anyone who has a problem with what we are doing to file a complaint about what we are doing. In the meantime, we are taking steps to make sure that our laws are being complied with,” Comelec spokesperson James Jimenez said in a press briefing.
Jimenez's remark was in response to critics questioning the poll body's act of taking down illegally placed campaign materials, particularly on private properties.
“Again, if anyone feels that they have an action against the Comelec, they should pursue that action,” Jimenez said.
Based on Comelec rules, common poster areas are located in public places such as plazas, markets, barangay centers, and other areas with heavy pedestrian or vehicular traffic in the city/municipality as approved by the Election Officers (EOs).
Also, posters and tarpaulins may be posted in private properties, provided that the posting has the consent of the owner.
Prohibited forms of printed election propaganda include those posted outside common poster areas, in public places, or in private properties without the consent of the owner, or those exceeding the size limits.
Violation of campaign rules is considered as an election offense that carries the penalty of one to six years imprisonment, removal of the right to vote, and disqualification to hold public office.
In a press statement, election lawyer Romulo Macalintal said the Comelec has no power to take down oversized campaign materials if these are placed on the private property of non-candidates without due process.
"The Comelec does not have the authority to regulate enjoyment of the preferred right to freedom of expression exercised by a non-candidate," Macalintal said, citing the Supreme Court's ruling on the case of Diocese of Bacolod vs. Comelec in 2015.
He added that non-candidates may challenge, refuse or not allow anyone to remove their alleged oversized campaign materials posted on their own private properties without being given the chance to be heard "since the size of said posters does not affect anyone's constitutional rights nor does it endanger any state interest.
Vice presidential candidate, Senator Francis “Kiko” Pangilinan also cried foul over the Comelec's act.
“Our position is that is illegal and the Comelec should not be doing that and the Supreme Court has a ruling on the said matter. Secondly, we’ve received news that not all of the candidates' posters were removed. Prove that the Philippine National Police and the Comelec are not biased against any candidate. They prove that the law is enforced and it does not favor anyone,” Pangilinan said. (PNA)
