AN ELECTION lawyer has asked the Commission on Elections (Comelec) to suspend its campaign against oversized posters pending its review.
In a four-page letter to the en banc, lawyer Romulo B. Macalintal said taking down oversized campaign posters even on private property is illegal.
“There is no clear and present danger involved and no compelling and substantial state interest is endangered by posting such materials in private places,” he said in the letter.
Comelec last week ordered law enforces to take down oversized campaign posters of some candidates — including Vice-President Maria Leonor “Leni” G. Robredo, who is running for president — on private property.
Videos and photos of authorities taking down campaign materials of some candidates have since gone viral.
Comelec spokesman James B. Jimenez last week said law enforcers had sought permission to enter private premises before taking down the posters. The agency is open to reviewing its policies, he added.
Mr. Macalintal said the review is welcome. The commission should suspend these rules until the start of the campaign period for local officials on March 25 to have a uniform policy for all candidates, he added.
“Comelec does not have the authority to regulate enjoyment of the preferred right to freedom of expression exercised by a noncandidate,” he said, citing jurisprudence from 2015. “The Comelec cannot prescribe what the law does not provide. Comelec may find some gaps in the law, but it is not within its power to supply the gaps.”
In a statement on Monday, the election watchdog Legal Network for Truthful Elections said Comelec must follow due process and uphold people’s rights.
“Any act to stop any illegal election activity must be done following due process after due notice and hearing,” the group said. — John Victor D. Ordoñez