NextGen Day

MANILA, Philippines — An official said on Thursday that anyone can file a complaint with the Commission on Elections (Comelec) about its crackdown on illegally placed campaign materials known as ‘Oplan Baklas.’

“I would advise anyone who has a problem with what we’re doing to make a complaint with the appropriate authorities. Meanwhile, we’re taking steps to ensure that our laws are followed,” Comelec spokesman James Jimenez said at a press conference.

Jimenez made the remark in response to opponents who questioned the polling organization’s action of removing unlawfully placed campaign materials, particularly on private property.

“Once again, anyone who believes they have a case against the Comelec should pursue it,” Jimenez added.

Common poster sites are located in public places such as plazas, markets, barangay centers, and other areas in the city/municipality with heavy foot or vehicular traffic, as allowed by the Election Officers, according to Comelec rules (EOs).

Additionally, posters and tarpaulins may be placed on private property with the permission of the owner.

Those put outside of common poster locations, in public places, or on private property without the owner’s authorization, as well as those that exceed the size limits, are prohibited forms of printed election propaganda.

Campaign rule violations are deemed election offenses, punishable by one to six years in prison, the loss of one’s right to vote, and disqualification from holding public office.

Election lawyer Romulo Macalintal said in a press statement that the Comelec has no authority to remove big campaign items that are placed on the private property of non-candidates without due process.

“The Comelec does not have the jurisdiction to regulate a non-use candidate’s of the preferred right to freedom of expression,” Macalintal stated, citing a 2015 Supreme Court judgment in the case of Diocese of Bacolod vs. Comelec.

Non-candidates may challenge, refuse, or refuse to allow anyone to remove their allegedly oversized campaign materials posted on their own private property without being given the opportunity to be heard, he added “because the size of the posters does not infringe on anyone’s constitutional rights or jeopardize state interests

Senator Francis “Kiko” Pangilinan, a vice-presidential contender, also condemned the Comelec’s action.

“Our argument is that this is illegal, that the Comelec should not be doing this, and that the Supreme Court has already ruled on the issue.” Second, we’ve learned that not all of the candidates’ posters have been taken down. Demonstrate that the Philippine National Police and the Commission on Elections (Comelec) are not biased in favor of any candidate. They show that the law is followed and that no one is favored,” Pangilinan added.

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