SC: Campaign materials on private property off-limits

The Supreme Court En Banc in a recent ruling disclosed that the Commission on Elections cannot remove or destroy privately-owned campaign materials displayed on private property.

The SC held in St. Anthony College of Roxas City Inc. v. Commission on Elections that the Commission on Elections that granted the Petition for Certiorari, Prohibition, and Mandamus filed by the school against the poll body and declared the confiscation and destruction of privately-owned campaign materials displayed on private property unconstitutional.

St. Anthony College and other private persons were the owners and co-owners of tarpaulins, posters, murals, and other materials displayed on their premises, expressing support and soliciting votes for former Vice President Maria Leonor Gerona Robredo, who was a candidate for president in the 9 May 2022 national and local elections.

The Comelec confiscated and destroyed their campaign materials pursuant to the its "Oplan Baklas" under Republic Act 9006 or the Fair Election Act and Comelec Resolution 10730.

It added that RA 9006 only permits the poll body to regulate the election propaganda owned by candidates and political parties and it does not allow the Comelec to regulate the political speech of private persons on private property.

While Comelec may validly implement "Oplan Baklas" against candidates and political parties, it cannot implement "Oplan Baklas" against private individuals expressing their political preferences or support for a candidate or political party.