The Commission on Elections (Comelec) will let illegal campaign posters stay up in private properties – with the property owner risking a case of an election offense.
The poll body also said Thursday it will require its field officers to ask for written consent before entering private places during the conduct of “Oplan Baklas,” its drive to remove improper campaign materials ahead of the May 9 elections.
This was explained by the poll body in a briefing amid complaints from the camps of candidates and their supporters over the removal of their materials endorsing particular candidates, and in some cases whitewashing walls already decorated for a specific presidential bet or party.
Spokesman James Jimenez said the Comelec will release an updated set of guidelines in campaign rules, which includes presenting consent forms to private property owners before dismantling oversized election paraphernalia under “Baklas.”
“The poll body will update the Implementing Rules and Regulations of Republic Act 9006 or the Fair Elections Act to include a process that authorities have to follow when approaching private properties,” he said.
The Comelec has always abided by the policy that they will not enter into private property unless there is consent by the property owner, Jimenez said.
“When our people are out dismantling campaign materials in private places, they need to get written consent,” he said.
However, Jimenez said government authorities will still have to take down materials which are violative of the standard size requirements, of posters or tarpaulins with a maximum size of two by three feet.
He said property owners have three days to make the decision or to take down the posters themselves, while those who remain adamant will still likely face charges.
Critics have condemned Oplan Baklas, claiming there was mishandling in the poll body’s rules and saying the removal of oversized posters in private properties as unconstitutional.
Comelec Commissioner Rey Bulay, head of the National Campaign Committee, confirmed they will be coming out with the rules.
“The commissioners held an en banc meeting specifically para doon sa Oplan Baklas. What I proposed is the creation, the passing of an IRR kasi iba na sitwasyon ngayon, the law may have not evolved 21 years ago but situations change, you now have social media to ventilate yung mga ganiyan kaya ang drumbeating grabe,” he said.
Jimenez said Oplan Baklas has not been suspended.
Meanwhile, election lawyer Romulo B. Macalintal asked the Comelec to temporarily suspend the implementation of its regulations on alleged oversized campaign posters posted by non-candidates in private places with the consent of the owners.
“The Comelec cannot motu proprio, or on its own, just remove said campaign materials without notice and hearing or without giving the affected person the opportunity to be heard, otherwise his right to due process will be violated,” Macalintal added.
