MANILA, Philippines – The Commission on Elections is under fire for its alleged abuse of power when its “Oplan Baklas” – an initiative to take down unlawful campaign materials – kicked into full swing.authorities dismantled posters installed on private propertyBut what are the rules? Why is the Comelec doing what it is doing, and why does backlash continue grow?or the Fair Election Act details what counts as lawful election propaganda.
Under that resolution, the Comelec says individual posters even on private property “must comply with the allowable size requirements for posters,” and that “any violation shall be punishable as an election offense.” Because it exceeded the Comelec’s size requirements under the Fair Elections Act and its IRR, a local election officer ordered the removal of the poster. But the Diocese of BacolodThat ruling read, “Limiting the maximum size of the tarpaulin would render ineffective petitioners’ message and violate their right to exercise freedom of expression.”
In a press briefing on February 8, he read a portion from the same ruling: “Regulation of election paraphernalia will still be constitutionally valid if it reaches into speech of persons who are not candidates or who do not speak as members of a political party if they are not candidates, only if what is regulated is declarative speech that, taken as a whole, has for its principal object the endorsement of a candidate only.
“I am not saying you have to have the words ‘Vote for’ there. I’m just saying if the material has for its overall purpose the declaration of an endorsement of a candidate, that can be validly regulated,” he said.Some former poll officials have a different interpretation of the SC decision. Guanzon and her fellow former Comelec commissioner Luie Guia said the Comelec runs the risk of being accused of trespassing.
Source: Law Daily Report (lawdailyreport.net)
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