Three former Comelec commissioners said Friday the poll body cannot just take down posters from private property without permission, as what supporters of Vice President Leni Robredo's presidential campaign allege.
Non-candidates who display posters and tarps in the vicinity of their homes are protected by the right to free speech, the commissioners said. #AnyareComelec trended overnight as Robredo supporters posted images of authorities removing campaign materials that they deemed oversized.
"Puwede po ang ginawa po ng ating Comelec na pinanggalingan ko po ay para sa akin, abuse of authority. As a matter of fact, there should be a new election offense at ito po ang pagbabaklas without permission from owners of private properties," ex-commissioner Rene Sarmiento told TeleRadyo.
Sarmiento cited the Supreme Court ruling in favor of the Diocese of Bacolod, which allowed the church there to post advocacy materials for their "pro life" stand. "Napaliwanag na ang Korte Suprema, ito dapat ang gagawin ninyo, you have to respect all these rights before regulating posters in a private property," he said.
Former commissioner Gregorio Larrazabal said Comelec should differentiate between campaign and advocacy materials.
"If you put an oversized billboard or poster there that is a campaign paraphernalia of a candidate, dapat 2x3 ang maximum size pero kung ilalagay mo ikaw mismo gumawa ng billboard, na ito ang advocacy, ito ang gusto mong iparating sa mga tao, that itself is a form of advocacy, hindi puwede tanggalin 'yun," said Larrazabal on Thursday, citing the same Supreme Court ruling.
"Is this a campaign material? Dapat may donated by, paid for and donated for a particular candidate, dapat nakalagay doon. The fact na walang nakalagay na donated by whoever for the campaign of whoever candidate, that means to say sarili ko 'to, hindi gumastos ang campaign dito. Akin 'to."
Former commissioner Rowena Guanzon, who retired this February, also cited the Supreme Court ruling in a tweet on Thursday where she also tagged Comelec spokesperson James Jimenez. She posted a photo of a billboard in EDSA supporting a partylist for persons with disabilities.
"Diocese of Bacolod vs COMELEC 2015. COMELEC cannot remove posters on private property no matter the size. Freedom of speech of the property owner."
Larrazabal said property owners should be given notice before campaign materials are removed from their homes.
"Kung tatanggalin, the rule is you give notice to the person na within three days dapat tanggalin na 'yan, hindi puwedeng ora-orada tatanggalin na 'yan. You give the opportunity to the owner na sila mismo ang magtatanggal."
Sarmiento said the Comelec could face charges for malicious mischief, illegal trespass to dwelling, and damages but it could take time to process.
"There could be a criminal offense or a complaint for damages against the people implementing this Operation Baklas."
MORE ON OPLAN BAKLAS:
Comelec Takes Down Election Tarps, Posters, What are the Rules?
Comelec Can't Enter Private Homes to Remove Tarps: Robredo Lawyer
PNP Says Report Cops Who Take Down Election Posters, Tarps
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