By Regina Elaine Vendivil

The Commission on Election (Comelec) is currently under fire for its controversial ‘Oplan Baklas’— an initiative to takedown “unlawful” or non-compliant election campaign materials posted by political candidates.  

Comelec started its ‘Operation Baklas” on Wednesday, February 16,  covering cities of Pasay, Makati, Mandaluyong, Quezon City, Pasig, and Caloocan, wherein posters of candidates were removed by personnel of the Metropolitan Manila Development Authority (MMDA) and Comelec officials.

The issue arose when authorities and officials were reported to dismantle posters displayed on private properties. According to critics, this act is considered a violation of the voters and supporters’ right to freedom of speech in the 1987 Constitution.

Additionally, the camps of the tandem presidential candidate and Vice President Leni Robredo and vice presidential candidate Sen. Francis “Kiko” Pangilinan, are considering filing a case against Comelec for the said issue. 

“Posters put up by private persons on private property are protected by the Constitutional right to freedom of speech. Even Comelec resolution 10730 limits any removals only to materials produced by candidates or parties. This right of private citizens must be respected,” said Robredo’s spokesperson Barry Gutierrez.

After Gutierrez released his statement, Robredo supporter Danny Pintacasi shared a video through Facebook wherein police and fire department personnel were seen taking down posters of the opposition tandem at their headquarters in Santiago City, Isabela.

Moreover, in a press release by election lawyer Romulo Macalintal, he stated that Comelec has no power to remove oversized campaign materials if these are displayed on the private properties of non-candidates without due process. 

“The Comelec does not have the authority to regulate enjoyment of the preferred right to freedom of expression exercised by a non-candidate,” Macalintal said.

He also added that non-candidates and ‘Oplan Baklas’ critics may challenge, refuse, or forbid anyone, including officials, to remove their campaign materials without being given the chance to be heard “since the size of said posters does not affect anyone’s constitutional rights nor does it endanger any state interest.”

In response to the arising reports, Comelec spokesperson James Jimenez stated in a press briefing that anyone is free to file complaints regarding the said ‘Oplan Baklas’. 

“I would recommend to anyone who has a problem with what we are doing to file a complaint about what we are doing. In the meantime, we are taking steps to make sure that our laws are being complied with,” Jimenez said.

Under the Comelec Resolution 10488, campaign posters should not be bigger than the mandated 2 feet by 3 feet and are only allowed to be arranged in common poster areas and private properties upon receiving consent from the owners.  

Common poster areas are located in public areas including plazas, barangay centers, markets, and other Election Officers-approved areas with heavy pedestrian or vehicular traffic in the city/municipality. 

References: 

Mendoza, J. E. (2022, February 16). Comelec starts “Operation Baklas”; “unlawful” election materials removed. INQUIRER.net. Retrieved from https://newsinfo.inquirer.net/1555587/comelec-starts-operation-baklas-unlawful-election-materials-removed 

Patinio, F. (2022, February 17). File complaints, Comelec dares “Oplan Baklas” critics. Philippine News Agency. Retrieved from https://www.pna.gov.ph/articles/1168024 

Pazzibugan, D., & Subingsubing, K. (2022, February 18). ‘Oplan Baklas’ slammed for ‘abuse’; Comelec firm. INQUIRER.Net. Retrieved from https://newsinfo.inquirer.net/1556334/oplan-baklas-slammed-for-abuse-comelec-firm 

Cepeda, M. (2022, February 16). After tarp takedowns, Robredo camp to Comelec: Respect right of private citizens. Rappler. Retrieved from https://www.rappler.com/nation/elections/robredo-camp-message-comelec-after-takedown-tarpaulins/ 

de Leon, D. (2022, February 17). The controversy behind the Comelec’s ‘Oplan Baklas.’ Rappler. Retrieved from https://www.rappler.com/nation/elections/controversy-behind-comelec-oplan-baklas-campaign-posters/