After the criticism heaped upon the Commission on Elections for its “unconstitutional” takedown of campaign materials put up by citizens on private property, which included candidates considering possible legal action, the Comelec continues to insist that it is simply doing its job.
“While anyone with a grievance in connection with the Comelec’s exercise of its duties is free to seek recourse with the courts, it could be helpful if they were to file formal complaints with the Comelec itself specifying the time and place of the alleged violations,” the poll body’s spokesperson James Jimenez said on Thursday.
On Wednesday, after Comelec personnel made a show of dismantling illegal campaign materials on major thoroughfares and buildings in Metro Manila, Jimenez challenged those questioning the operations to take the matter to court or file a complaint with the poll body. He said the Comelec had no reason to stop taking down oversized and misplaced campaign materials.
The problem with the Comelec initiative is what election lawyer Romulo Macalintal describes as takedowns that are “very arbitrary” and “a clear case of abuse of power and discretion, and violation of one’s constitutional right to property.” He urged voters affected by Oplan Baklas, regardless of their chosen candidates, to take legal action. They are also considering filing a class suit in the Supreme Court so that the other candidates can contest the Comelec rules too.
Senatorial aspirant and human rights lawyer Chel Diokno reminded public that the Comelec and the PNP are not allowed to enter homes, offices and other private property without a warrant from a judge. He said officers forcibly entering private property may be subjected to civil cases for damages under the Civil Code. The law schools of the University of the Philippine and San Sebastian College also agreed that the takedown of campaign materials on private property violates the constitutional rights of property owners.
The Comelec is right to do its job as far as its “Operation Baklas” is concerned, but the job should be done without fear or favor and has to be within the bounds of the law and the constitution. Oversized and misplaced campaign materials on public property are indeed fair game but when private property is involved, insisting on action with misplaced zeal becomes trespassing, vandalism and theft.
The Comelec may be the supreme independent constitutional body in the country during the campaign period, but everything it does, no matter how well meaning, must respect and follow the Constitution.*
