Comelec starts crackdown on illegal campaign materials

Candidates who violate rules on displaying campaign materials may face disqualification or imprisonment

MANILA, Philippines – The Commission on Elections (Comelec) started its crackdown on illegal campaign materials as the campaign period for senatorial candidates and party-list groups began on Tuesday, February 11.

The Comelec wasted no time as it kicked off its “Oplan Baklas” at 4 am on Tuesday. At an assembly in front of the Comelec office in Intramuros, the Comelec directed police and military personnel to specifically take down senatorial and party-list candidates’ campaign materials but also instructed them to refrain from removing those on private property.

The campaign period for the local races will begin on March 28.

“Pagka nagkabit sila doon sa mga lugar na hindi dapat sila nagkakabit, tatanggalin at tatanggalin namin. Kaya lang…. Hindi po namin puwede tanggalin ‘yung nasa private properties sapagkat ‘yan po ay protektado ng karapatan ng mismo may-ari ng property na yan,” said Comelec Chairman George Garcia.

(If they post materials on unauthorized areas, we will definitely remove them. However…. We cannot remove those on private properties because those are protected by the rights of the property owners.)

The Comelec put particular emphasis on the restriction against removing materials on private property. Oplan Baklas was controversial in previous elections because of reported removal of materials on privately-owned structures.

In 2022, the removal was the subject of petitions filed by affected supporters of then-presidential candidate Leni Robredo before the Supreme Court questioning the constitutionality of Oplan Baklas, using jurisprudence seen in Diocese of Bacolod vs. Comelec.

The Supreme Court ruled in favor of the cathedral, which had displayed on its own compound tarpaulins that were for or against the reproductive health law, which the church opposed. The High Court said the Comelec had no power to regulate freedome of expression.

Restrictions

Per Comelec Resolution No. 11086, print election materials have certain size restrictions and can only be placed on designated poster areas. They should also be made of biodegradable materials.

Garcia personally led the kickoff on Tuesday, dismantling illegally posted materials along Honorio Lopez Boulevard in Tondo, Manila. Some of the party-list groups whose materials were taken down include that of Solid North, Buhay, ACT-CIS, and LPGMA.

Garcia said their materials had the correct sizes, but were non-biodegradable and on lamp posts, which are considered public places that are off limits.

“Nakakalungkot dahil mga ginagamit kasi mga kawad. Na pagka tinanggal, masisira at masisira ‘yung mga poste… Masasaktan ‘yung mga magtatanggal ng mga ganito eh, dahil [sa] mga kawad na puwede makasugat doon sa mismo mga tao na magtatanggal,” said Garcia.

(It is sad to see that the violators used galvanized steel wire, that, if removed, may damage the lamp posts…. The workers removing the posters may also get injured because of the wire.)

Upon taking down the materials, the Comelec does not dispose of them immediately to be able to properly account for them. The Comelec gives violating candidates three days to remove their other materials, otherwise they may face possible disqualification, or even imprisonment of up to six years. – Rappler.com