LEADERS of the Philippine’s official organization of lawyers on Sunday called on the Commission on Elections (Comelec) to review its regulations on dismantling oversized campaign materials.
The Integrated Bar of the Philippines (IBP), in a statement issued by its Board of Governors, said the poll body should give “primordial respect” and importance to the rights to life, liberty, property, and to freedom of expression protected by the 1987 Constitution.
“With all due respect, Comelec should take to heart that all government authority emanates from the people,” it said. “Thus, apart from regulating the actions of the candidates and the electorate during this elections period, it is equally Comelec’s duty to ensure that all Filipinos — the source of the winning candidate’s mandate — remain free to express their participation in the elections and be protected from any restriction beyond what is provided by law and the Constitution.”
Comelec has been criticized for ordering law enforcers to take down oversized campaign posters within private properties.
IBP cited jurisprudence that said taking down tarpaulins posted on private property is an “unconstitutional deprivation of property without due process of law.”
Videos and photos of authorities taking down campaign materials of some candidates within private spaces, particularly those of Vice President Maria Leonor “Leni” G. Robredo who is running for president, have gone viral on social media.
Comelec Spokesman James B. Jimenez earlier said law enforcers had sought permission to enter these private areas before taking down the posters. The election body is open to reviewing its policies, he added.
Last week, election lawyer Romulo B. Macalintal asked the election body to temporarily suspend its campaign of taking down oversized posters to form a uniform policy for all candidates.
“The IBP is committed to assist the Comelec and voluntary organizations in delivering a peaceful, credible and safe electoral process,” IBP said. “However, the IBP firmly believes that there can be no meaningful exercise of the right to suffrage if the people’s basic and essential freedoms are unduly restrained and disregarded in the name of equal opportunity for all candidates.” — John Victor D. Ordonez