Metro Manila (CNN Philippines, October 24) — The Commission on Elections (Comelec) is exempting campaign materials in private properties under its “Oplan Baklas” in light of an earlier Supreme Court ruling, said its chairman George Garcia on Tuesday.
“We are not removing campaign materials in private properties whether owned or not by candidates. Private ownership, and its free exercise, is constitutionally guaranteed,” Garcia said.
The SC said Comelec can only carry out “Oplan Baklas” and regulate election propaganda owned by candidates and political parties and not the political speech of private individuals on private property.
Garcia said the SC pronouncement strengthened the Comelec mandate.
“It’s good to know that the SC is allowing Oplan Baklas as against candidates and political parties,” he said.
Ahead of the May 9, 2022 national and local polls, Oplan Baklas drew flak from netizens and supporters of some candidates due to authorities’ supposed “overreach” in taking down election materials in select areas.
Advocates argued that the drive is “undemocratic and unconstitutional” — as it can be considered trespassing on private properties.
The high court ruled as “unconstitutional” the implementation of Operation Baklas in a private school property ahead of the 2022 polls.
It reminded Comelec that it cannot remove or destroy privately owned campaign materials displayed on private property.
In its ruling that granted the petition of St. Anthony College of Roxas City, Inc. against the poll body, the SC recognized that the school and other private people were the owners of tarpaulins, posters, murals, and other materials displayed on its premises to express support and garner votes for former Vice President Leni Robredo, a presidential candidate in the 2022 elections.
Comelec confiscated and destroyed their campaign materials under the Fair Election Act and Comelec Resolution 10730, according to the court.
