ELECTION lawyer Romulo Macalintal yesterday formally asked the Commission on Elections (Comelec) to temporarily suspend its “Operation Baklas” in private properties amid questions over its legality.
In a four-page letter, Macalintal said it is imperative for the Comelec to stop dismantling campaign materials posted in private properties of non-candidates while it reviews the controversial policy.
“In 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,” said Macalintal.
“May I respectfully request that, pending such review, certain provisions of your Resolution No. 10730 be temporarily suspended even until the start of the campaign period for local officials on March 25, 2022,” he added.
Macalintal said the temporary suspension will give the Comelec ample time to review its regulations.
“(This will help) insure 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,” added the lawyer.
The letter was sent to the Comelec after the poll body expressed openness to the possibility of reviewing its policy on taking down campaign materials that are against its guidelines.
The poll body’s Operation Baklas came under fire after videos went viral in social media platforms showing Comelec field personnel supposedly entering private properties to take down campaign materials even without the consent of owners.
Aside from making the request, Macalintal questioned Section 26 of Comelec Resolution No. 10730, which provides that “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”.
“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 argued.
“Thus, the need for the Comelec to amend this rule by making it clear that campaign materials inside a private property and owned by a non-candidate cannot be removed without notice and hearing,” Macalintal said.
