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Advocates Philippines
SC: Oplan Baklas Unconstitutional
Photo credit: COMELEC
The Supreme Court En Banc has declared that the Commission on Elections (COMELEC) cannot remove or destroy privately-owned campaign materials displayed on private property. The decision was handed down in the case of St. Anthony College of Roxas City, Inc. v. Commission on Elections, where the Court granted the Petition for Certiorari, Prohibition, and Mandamus filed by St. Anthony College, effectively overturning the COMELEC's actions.
The case revolved around St. Anthony College and other private individuals who owned and co-owned campaign materials, including tarpaulins, posters, murals, and more, expressing support for former Vice President Leni Robredo during the May 9, 2022 national and local elections. The COMELEC, under its "Oplan Baklas" campaign, had confiscated and destroyed these materials, citing Republic Act No. 9006 (RA 9006), or the Fair Election Act, and COMELEC Resolution No. 10730 as its authority.
In a landmark decision, the Supreme Court clarified that RA 9006 empowers the COMELEC to regulate election propaganda owned by candidates and political parties but does not extend to regulating the political speech of private individuals on private property.
While the COMELEC has a legitimate role in regulating candidates and political parties, the SC said it cannot extend its reach to curbing the political expression of private individuals.
The Court's ruling also said that the COMELEC violated the property rights of St. Anthony College and others as there was no legal basis for their entry onto private property and the removal and destruction of privately-owned campaign materials.
The Court emphasized its longstanding commitment to safeguarding political speech as a vital constitutional right, stating that freedom of speech and expression is fundamental to civil liberties and essential for the preservation of democracy.
In conclusion, the Court declared the COMELEC's implementation of "Oplan Baklas" against St. Anthony College and similar private individuals as unconstitutional, as it exceeded the permissible regulation bounds under RA 9006 and COMELEC Resolution No. 10730.
Associate Justice Jose Midas P. Marquez penned the decision. The ruling will be made available to the public by the Supreme Court Public Information Office once it is received from the Office of the Clerk of Court En Banc.
The case revolved around St. Anthony College and other private individuals who owned and co-owned campaign materials, including tarpaulins, posters, murals, and more, expressing support for former Vice President Leni Robredo during the May 9, 2022 national and local elections. The COMELEC, under its "Oplan Baklas" campaign, had confiscated and destroyed these materials, citing Republic Act No. 9006 (RA 9006), or the Fair Election Act, and COMELEC Resolution No. 10730 as its authority.
In a landmark decision, the Supreme Court clarified that RA 9006 empowers the COMELEC to regulate election propaganda owned by candidates and political parties but does not extend to regulating the political speech of private individuals on private property.
While the COMELEC has a legitimate role in regulating candidates and political parties, the SC said it cannot extend its reach to curbing the political expression of private individuals.
The Court's ruling also said that the COMELEC violated the property rights of St. Anthony College and others as there was no legal basis for their entry onto private property and the removal and destruction of privately-owned campaign materials.
The Court emphasized its longstanding commitment to safeguarding political speech as a vital constitutional right, stating that freedom of speech and expression is fundamental to civil liberties and essential for the preservation of democracy.
In conclusion, the Court declared the COMELEC's implementation of "Oplan Baklas" against St. Anthony College and similar private individuals as unconstitutional, as it exceeded the permissible regulation bounds under RA 9006 and COMELEC Resolution No. 10730.
Associate Justice Jose Midas P. Marquez penned the decision. The ruling will be made available to the public by the Supreme Court Public Information Office once it is received from the Office of the Clerk of Court En Banc.
Oct 25, 2023
