Defining the News
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.”
In their petition, the SC was told that the Comelec wrongfully interpreted and implemented Sections 21 , 24 and 26 of Resolution No. 10730 when the poll body applied these provisions to non-candidates. 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.
The members of the Diocese of Bacolod elevated the issue before the SC which issued a TRO against the Comelec order. 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. “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.