The Commission on Elections (Comelec) is facing backlash for its "Oplan Baklas" campaign, with critics deeming it unconstitutional and undemocratic.
Critics argue that removing campaign materials from private property without notice and hearing violates rights to property, expression, and information, with election lawyer Romulo B. Macalintal calling it a violation of constitutional rights.
Presidential aspirants Ernesto Abella and Manila Mayor Francisco "Isko" Moreno, along with Senators Panfilo Lacson and Sorsogon Governor Francis "Chiz" Escudero, echoed these concerns, suggesting Comelec revisit its rules and exclude materials posted with consent on private properties.
However, Comelec spokesperson James Jimenez insisted that the size of campaign posters within private properties should be regulated as election propaganda, not protected speech, citing a Supreme Court ruling that distinguishes between advocacy-based speech and election propaganda.
Jimenez further clarified that Comelec officials have obtained consent from private property owners and have documentation to support these claims, stating it is part of their practice to ask for permission before entering private spaces.
Comelec maintains that their operations are within the scope of their resolution and aim to level the playing field during the campaign season, with a set size limit of 2 feet by 3 feet for campaign posters.
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