THE Commission on Elections will follow the temporary restraining order issued by the Supreme Court last Tuesday directing the poll body to suspend “Oplan Baklas” operations, or tearing down campaign materials, on private properties.
Comelec spokesman James Jimenez, however, said the poll body will continue enforcing the operation on misplaced and oversized campaign materials on public areas.
“During the discussion of the Commission en banc earlier, it was agreed, of course, that we will honor the TRO issued by the Supreme Court. We will continue with our Baklas Operations in public spaces as it is required by law,” he said. “However, as far as ‘Baklas’ in private places, that is held in abeyance in deference to the Court,” he added.
The Department of Interior and Local Government said it will also comply with the SC decision stopping “Baklas” operations.
Meanwhile, SC spokesman Brian Keith Hosaka clarified the TRO will only be effective when the poll boy receives the order.
“Like all TROs, it is effective upon actual receipt of the order by the person or persons being restrained. This is provided for by the Rules of Court,” Hosaka said.
Last Tuesday, the SC ordered the Comelec to stop tearing down campaign materials on privately-owned properties and directed the poll body to comment on the matter within 10 days from receipt of notice.
DILG Undersecretary and spokesman Jonathan Malaya said the agency will advise the PNP and local government units to suspend all “Baklas” operations.
The TRO was issued after supporters of Vice President Leni Robredo asked the High Court to order the Comelec to cease dismantling or confiscating campaign materials that are privately owned, funded, and installed on private properties.
The petitioners said Oplan Baklas applies only to candidates and political parties and not to private individuals like them.
Hosaka said the “actual TRO” is still being prepared.
“The actual RO is currently being prepared and hopefully it can be ready anytime soon,” he added.
“Our police officers and barangay officials are merely following the lawful orders of the Comelec, but in this case where the Supreme Court itself has issued an order on the matter, we are bound to comply,” said Malaya.
Policemen and local government personnel have been assisting the Comelec in the conduct of Oplan Baklas operations as deputized agents of the poll body.
Malaya said only three provisions of Comelec resolution 10730, which contains a set of guidelines in the coming May elections, are subject of the TRO. Thus, he said the provisions of the resolution are binding.
“With respect to the other provisions not subject of the TRO, we will continue to implement those as may be directed by the Comelec,” said Malaya. — With Victor Reyes and Raymond Africa
