February 18, 2022
DEPARTMENT of the Interior and Local Government Secretary Eduardo Año said on Friday, Feb. 18, 2022, that authorities will not conduct operations to remove illegal campaign posters without the go signal from the Commission on Elections (Comelec).
Año’s statement came amid criticisms by several candidates and groups on the alleged illegal removal of campaign posters in certain areas.
He said concerned individuals or candidates are notified ahead of their violation.
“Meron naman ding warning. Bago magbaklasan diyan ay sinusulatan ng Comelec yung kung sino yung nandun sa poster para in three days ay baklasin nila,” he said in a television interview.
(There is a warning. Before the illegal posters are removed, whoever is in the poster is notified and given three days to remove the campaign materials.)
In video footage which is now making rounds on social media, personnel of the Bureau of Fire Protection and Philippine National Police (PNP) were seen removing tarpaulins and campaign posters of presidential aspirant Vice President Leni Robredo and her running mate Sen. Francis Pangilinan from a private property in Santiago, Isabela.
Authorities also painted over a mural of the tandem in Echague, Isabela.
Election lawyer Romulo Macalintal, in response, said the Comelec has no authority to remove oversized campaign posters placed in private properties.
He said this violates the right of the candidates and the volunteers to freedom of expression.
“It is very arbitrary and a clear case of abuse of power and discretion and violation of one’s constitutional right to property,” Macalintal said.
Comelec spokesperson James Jimenez said the removal of campaign posters has legal basis.
He noted that there is no preferential treatment for candidates, noting they have with them records showing the several campaign materials of almost all candidates that have been removed should it be deemed illegal.
In Cebu City, local police clarified that only election officials and personnel are allowed to tear down illegal campaign posters that are either oversized or posted in restricted areas.
Lieutenant Colonel Wilbert Parilla, CCPO’s deputy city director for operations, said their role during Oplan Baklas operations is to provide security to Comelec officials and they would not participate in taking down campaign materials that were posted in non-designated areas.
Police personnel will only ensure that Comelec officials and those participating in the Oplan Baklas are not mobbed by supporter of candidates who might get offended upon seeing their campaign materials torn down.
Based on Republic Act 9006, or the Fair Election Act, posters should not exceed the maximum size of two by three feet unless they are posted at the site of a rally, where their size can be up to three feet by eight feet.
Campaign posters can only be posted in identified common posting areas or private properties as long as it has permission from the owner. (TPM, AYB/ TBT / SunStar Philippines)