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The Comelec has been persuaded to suspend the limits on posting posters on private property.

MANILA, Philippines — On Tuesday, an election lawyer petitioned the Commission on Elections (Comelec) to temporarily suspend the restrictions prohibiting campaign posters from being shown on private land.

“In light of the foregoing, and in the highest interest of justice and fair play, it is respectfully requested that, upon receipt of this letter, the Honorable Commission issue an Order directing the temporary suspension of the regulations on non-candidates’ campaign posters posted on private property with the consent of the owners; and Section 20(b) of Comelec Resolution 10730 on the “presumption of guilt” of candidates and parties,” lawyer Romulo Macalintal said.

The interim suspension of these restrictions, he added, will give the Comelec enough time to “examine its regulations and thoroughly clarify the same in order to establish a unified standard and policy for the campaign activities of national and local candidates when the latter begins on March 25, 2022.”

He also applauded the poll body’s decision to conduct a review of the criteria.

“Thank you for inviting persons who disagree with your regulations on non-candidates posting campaign posters on private property with the owner’s approval in sizes greater than those permitted by Republic Act (RA) 9006 and you’re implementing Resolution No. 10730 to attend. “The fact that the Commission on Elections (Comelec) is reviewing its regulations’ on these campaign posters is a great move,” Macalintal remarked.

Macalintal also requested that the Comelec clarify the third paragraph of Section 26 of your Resolution No. 10730, which states that “the Comelec may, motu proprio, order the removal, destruction, and/or confiscation of any prohibited propaganda material, or materials containing illegal statements or representations.”

“This is being used by your election officials to remove allegedly enormous campaign signs erected on non-candidates’ private property without notice or hearing.” Such behavior is capricious and clearly infringes on one’s constitutional right to property and due process. “While the Comelec may have such “motu proprio” jurisdiction, it cannot be used without first providing the opposing party an opportunity to be heard,” he stated.

He further clarified that the regulations of RA 9006 concerning electoral propaganda materials do not apply to “private people” or “non-candidates.”

“The definition of terms in Section 1 solely applies to candidates and political parties. There is no description of “non-candidates” or “private citizens” who may be covered by the resolution, and Section 6 on authorized election materials merely refers to “all bona fide candidates and political parties.” There are no provisions for private individuals or non-candidates, and Section 20 on the distribution of campaign materials solely applies to candidates and political parties. “Nothing for non-candidates or private individuals,” he continued.

The resolution puts the law’s rules and regulations into effect.

When it comes to the assumption of guilt, he claims that RA 9006 does not allow for the “presumption of guilt” of candidates and political parties.

“Even the fundamental presumption of innocence under Section 14(2) of Article III of the Constitution is breached because the violation of the Comelec Resolution is constituted an election infraction.” If the said provision is implemented, it will be the height of absurdity because if campaign posters of a candidate or political party are discovered posted in provinces such as Iloilo, Cebu, Batangas, Maguindanao, and so on, the Comelec will order the candidates or political parties referred to in the campaign materials to go to these provinces and “remove” the campaign materials. “The Comelec should instantly strike this clause because it is unlawful, if not for its obvious ridiculousness,” he stated.

RA 9006, also known as the “Fair Elections Act,” establishes fair election processes to ensure free, orderly, honest, peaceful, and credible elections.

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