THE Supreme Court yesterday temporarily stopped the controversial “Oplan Baklas” drive of the Commission on Elections on private properties.
“The Supreme Court, during its en banc deliberations today, March 8, 2022, issued a temporary restraining order against the Commission on Elections and Comelec Director and spokesperson James Arthur Jimenez in connection with the poll body’s Oplan Baklas,” the SC said in a statement.
The High Court also directed the respondents to comment on the petition “within a non-extendible period of 10 days” from receipt of notice.
Last March 1, several private individuals who are supporters of Vice President Leni Robredo asked the SC to stop the Comelec from dismantling or confiscating election materials such as tarpaulins and posters that are privately owned and funded and installed within private properties.
Among the petitioners were Dr. Pilita de Jesus Liceralde, one of the convenors of Isabela for Leni; Dr. Anton Mari Hao Lim, one of the convenors of Zamboangueños for Leni; and St. Anthony College of Roxas City.
In their plea, the petitioners asserted that the Comelec resolution authorizing Oplan Baklas applies only to candidates and political parties and not to private individuals like them.
They stressed the rights of private individuals to express their beliefs in relation to election of public officials has been decided by the SC in the case of Diocese of Bacolod vs. Comelec.
They said the SC ruling held that the regulation of the posting of campaign materials and definition of lawful election propaganda under Section 9 and E, respectively of RA 9006 or the Fair Elections Act, only apply to candidates, political parties, and party list groups.
They stressed that to allow the poll body to continue taking down tarpaulin, posters and other election materials posted by private individuals in their private properties would contravene the SC ruling, and more importantly, the fundamental freedoms of speech, expression, and due process of law.
