Comelec asked to suspend rules on posters on private premises

MANILA – An election lawyer on Tuesday asked the Commission on Elections (Comelec) to temporarily suspend the regulations on campaign posters placed on private property.

“In view of the foregoing, and the highest interest of justice and fair play, it is respectfully requested that upon receipt of this letter, an Order be issued by the Honorable Commission directing the temporary suspension of the regulations on the campaign posters posted by non-candidates on private places with the consent of the owners; and Section 20(b) of Comelec Resolution 10730 on the “presumption of guilt” of candidates and parties,” lawyer Romulo Macalintal said in a letter to the poll body.

He said the temporary suspension of these rules will give the Comelec ample time to “review its regulations and the same be fully clarified in order to ensure a uniform standard and policy for the campaign activities of national and local candidates when the campaign period for the latter starts on March 25, 2022.”

He also welcomed the decision of the poll body to conduct a review of these guidelines.

“Thank you for inviting those who disagree with your regulations on campaign posters posted by non-candidates on private properties with the consent of the owner with sizes in excess of that allowed by Republic Act (RA) 9006 and your implementing Resolution No. 10730. It is indeed a welcome development that the Commission on Elections (Comelec) ‘is reviewing its regulations’ on these campaign posters,” Macalintal said.

Macalintal also asked the Comelec to clarify specifically the third paragraph of Section 26 of your Resolution No. 10730 where “the Comelec may, motu proprio, immediately order the removal, destruction and/or confiscation of any prohibited propaganda material, or those materials which contain statements or representations that are illegal.”

“This is being used by your election officials in removing alleged oversized campaign posters posted on 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. While Comelec may have such “motu proprio” authority, the same cannot be exercised without giving the party the chance to be heard,” he said.

He also pointed out that the provisions of RA 9006 pertaining to election propaganda materials do not apply to “private persons” or “non-candidates”.

“Section 1 on definition of terms refers only to candidates and political parties. No specific definition of terms for “non-candidates” or “private citizens” who could be covered by said resolution, Section 6 on lawful election materials refers only to ‘all bonafide candidates and political parties,’ Nothing for private persons or non-candidates and Section 20 on Posting of campaign materials refers only to candidates and political parties. Nothing for private persons and non-candidates,” he said.

The resolution implements the rules and regulations of the said law.

As for the presumption of guilt, he said that RA 9006 does not provide for the said “presumption of guilt” of the candidates and political parties.

“Even the constitutional presumption of innocence under Section 14(2), Article III of the Constitution is violated since violation of the Comelec Resolution is considered as an election offense. It would be the height of absurdity if the said provision is followed because if campaign posters of a candidate or political party are found posted, say, in Iloilo, Cebu, Batangas, Maguindanao, etc., the candidates or political party referred to in the campaign materials will be directed by the Comelec to go to these provinces to “remove” the said campaign materials. This provision should immediately be deleted by the Comelec for its unconstitutionality, if not for its apparent absurdity,” he said.

RA 9006 otherwise known as the “Fair Elections Act” provides for the holding of free, orderly, honest, peaceful and credible elections through fair election practices.