MANILA, Philippines — Veteran election lawyer Romulo Macalintal has asked the Commission on Elections to temporarily suspend its enforcement of regulations on campaign posters by non-candidates on private properties pending review.
Macalintal wrote to Comelec on Tuesday and requested temporary suspension of Resolution 10730 that promulgated the rules and regulationso of the Fair Election Act until March 25, the start of the campaign period for local candidates.
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The election lawyer, who also spoke for the campaign of Vice President Leni Robredo, said the pause in implementation will give the Commission “ample time to review its regulations and the same be fully clarified in order to insure a uniform standard and policy for the campaign activities of national and local candidates.”
Last week, Comelec spokesperson James Jimenez said the poll commissioners are reviewing the provisions of the Implementing Rules and Regulations of the Fair Elections Act following issues raised in its Oplan Baklas.
Supporters of presidential aspirants Leni Robredo and Isko Moreno are among the campaign teams that reported the removal of their campaign materials.
Removal of posters
Macalintal told the Comelec that its guidelines that says the Commission may motu propio order the removal of prohibited propaganda material or materials “which contain statements or representations that are illegal” have been used by officials to remove alleged oversized campaign posters in private properties of non-candidates “without notice and hearing.”
“Such action is so arbitrary and a clear violation of one’s constitutional right to his property and due process,” Macalintal said, adding that the Comelec’s motu propio authority “cannot be exercised without giving the party the chance to be heard.”
He added that the rule must be amended to make it clear that notice and hearing are needed before campaign materials inside a private property and owned by a non-candidate are removed.
Citing Diocese of Bacolod v. Comelec, Macalintal said that the provisions on posting of election campaign materials do not apply to private persons or non-candidates.
Part of the 2015 landmark ruling read: “Comelec does not have the authority to regulate the enjoyment of the preferred right to freedom of expression exercised by a non-candidate in this case.”
Macalintal also said he disagrees with the Comelec’s position that the ruling only covers campaign materials about advocacies. He said that when a non-candidate posted a campaign material in his property, “he is expressing more than the name; he is espousing ideas,” and is, in a way, expressing his own advocacy.
He also mentioned an issue cited by fellow election lawyer Emil Maranon of an election officer in Baguio who dismantled campaign materials for failure to mention the name and address of donor.
He said the said requirements cover only for candidates and political parties, and not volunteers.
Section 20(b) of Resolution No. 10730
Macalintal also cited a part of Resolution 10730 that states that persons posting campaign materials on prohibited places and the candidates or persons who caused the posting shall both be held liable.
Part of resolution Macalintal is assailing reads: “It will be presumed that the candidates and parties caused the posting of the campaign materials outside the common poster areas if they do not remove the same within three days from notice.”
But the election lawyer said the provision is “highly untenable and should not be applied by the Comelec.”
He raised that the Fair Election Act does not provide presumption of guilt of candidates and political parties.