IBP to Comelec: Review resolution on ‘Oplan Baklas’

MANILA, Philippines — The Integrated Bar of the Philippines (IBP) is asking the Commission on Elections (Comelec) to review its “Oplan Baklas” operations, which targets oversized campaign materials displayed in private properties, in the interest of respecting citizens’ rights.

In a three-page statement issued yesterday, the IBP asked the Comelec to review its Resolution No. 10730, the Implementing Rules and Regulations of Republic Act 9006 (Fair Elections Act), which serves as the basis for Oplan Baklas.

“The IBP expresses its utmost concern over the recent implementation of Oplan Baklas by the Comelec following reported incidents that Comelec dismantled posters, voluntarily and unilaterally put up by citizens in the confines of their private property, for exceeding the allowable size for campaign materials,” read the statement.

The IBP stressed that the Comelec resolution should “give primordial respect and importance to the sacrosanct rights to life, liberty and property and to freedom of expression – rights which are the very essence of the Supreme Court’s pronouncement in Diocese of Bacolod vs. Comelec, GR No. 205728, Jan. 21, 2015.”

In the SC ruling, the regulation of the posting of campaign materials and the definition of lawful election propaganda under Sections 9 and 3 of RA 9006 only apply to candidates, political parties and party-list groups, the IBP pointed out.

The group of lawyers added that the poll body’s power to remove, confiscate or destroy any prohibited form of election paraphernalia or unlawful election materials under Sections 25 and 29 of its resolution is also limited to those posted by political candidates, parties and party-list groups.

“As such, Comelec’s dismantling of political posters posted by non-candidates but which were not sponsored or solicited by any candidate, political party or party-list group, is void for going beyond the scope provided by law,” the IBP said.