By Liezelle Soriano
The Supreme Court on Thursday reminded the Commission on Elections that the poll body cannot enforce the removal of campaign materials placed on private property.
The court declared the removal of such materials on private property by Comelec as unconstitutional.
This decision was reached in the case of St. Anthony College of Roxas City, Inc. v. Commission on Elections.
The Court clarified that Republic Act No. 9006 “only permits Comelec to regulate election propaganda owned by candidates and political parties.” It does not grant Comelec authority to regulate the political speech of private individuals on private property.
The high court confirmed that Comelec can enforce “Oplan Baklas” against candidates and political parties. However, it cannot be applied to private individuals expressing their political preferences or support for a candidate or political party.
The Court emphasized its long-standing commitment to protecting political speech, a fundamental expression guaranteed by the Constitution. Freedom of speech and expression are core civil liberties that must be safeguarded for the sake of democracy.
The en banc decision was authored by Associate Justice Jose Midas P. Marquez.
(ai/mnm)
