Comelec taking down posters ‘abuse of power’

THE GOVERNMENT is abusing its power for seizing oversized election campaign materials on private property, according to an election lawyer.

Citizens can put up whatever size of posters inside their property because freedom of speech is protected by the 1987 Constitution, election lawyer Romulo B. Macalintal told an online news briefing on Thursday. “That it is very arbitrary and a clear case of abuse of power and discretion and violation of one’s constitutional right to property.”

The Commission on Elections (Comelec) has issued an order for law enforcers to take down oversized campaign materials even inside private property, which the lawyer said is equivalent to warrantless seizure.

Candidates at this year’s elections could sue the election body at the Supreme Court for abuse of power, Mr. Macalintal said.

“We are currently studying the possibility of filing the appropriate case so that the rules on this issue are clarified further,” Ibarra M. Gutierrez III, spokesman of Vice-President and presidential candidate Maria Leonor “Leni” G. Robredo, said at the same briefing.

“The right to action currently belongs with the people directly affected,” he said. “It’s their private property, they are private persons and they are not connected to the campaign.”

Authorities earlier took down campaign posters of Ms. Robredo and her running mate Senator Francis “Kiko” N. Pangilinan inside private property.

Civic groups and former Comelec officials have criticized the Comelec order, which provides that election posters even on private property must not be bigger than six square feet.

Candidates are also barred from shaking hands, hugging, kissing, going arm-in-arm and having selfies taken with political supporters as part of health protocols amid a coronavirus pandemic.

Videos and photos of authorities taking down campaign materials posted by the opposition tandem’s supporters on private property have become viral.

Earlier this week, a team led by Comelec dismantled tarpaulins displayed at a volunteers’ center in Quezon City. The area, which used to be a bus station, is a private property owned by a supporter.

A viral video also showed police helping remove posters and tarpaulins at the headquarters of volunteers for the Robredo-Pangilinan tandem’s campaign in Santiago, Isabela in northern Philippines. 

Former congressman Neri J. Colmenares, who is running for senator, said the rule could be weaponized against opposition candidates.

“I agree that the Comelec rules are too stringent,” he told CNN Philippines. “While we know that of course that this is for the pandemic, they have overreached. It’s too much, it’s absurd.”

The Supreme Court had reminded Comelec in the past not to overstep its authority, lawyers from the University of the Philippines said in a statement, citing jurisprudence from 2015.

“Political speech is a preferred right,” they said. “Political speech during an election stands on a higher level.

The lawyers also said citizens can politely block Comelec authorities from private property. “Destroying private signages and other political expressions inside private property cannot be done arbitrarily, and certainly without notice and hearing.”

Senator and presidential bet Panfilo M. Lacson, Sr. said Comelec should review campaign rules because some of these are impractical.

“When they make resolutions and regulations, they should be implementable and enforceable,” he told reporters in mixed English and Filipino. He said seeking permission for every campaign activity is impractical.

Senate President Vicente C. Sotto III, Mr. Lacson’s vice-presidential running mate, said the rules had not been well thought of. He jokingly said he would search for a vacant lot and place a 50 by 50 feet tarpaulin of Senator Emmanuel “Manny” D. Pacquiao there and see if he will be disqualified for this.

“That may be a constitutional issue,” Mr. Lacson said. “This is my property and I can do whatever I want as long as I’m not harming other people.”

Meanwhile, Senator Emmanuel Joel J. Villanueva, who is running for reelection, asked Comelec to be flexible and review its rules. He noted that even if an inter-agency task force no longer requires the use of face shields, the election body still does.

Human rights lawyer and senatorial candidates Jose Manuel “Chel” I. Diokno said law enforcers have no power to dismantle posters and tarpaulins — whatever their size — on private property.

They are also barred by law from entering homes, offices or any private property without a search warrant or permission from the owner.

Acting Comelec Chairperson Socorro B. Inting told reporters on Thursday they would review face-to-face campaign rules. — Kyle Aristophere T. Atienza and A.N.O. Tan