Poster girl  

Rowena “Bing” Guanzon is simply hilarious. Her legal advice wrapped up in a seeming joke served up a dollop of common sense and practical guidance for those caught up in the current brouhaha over election posters.

In another controversy in the election front, the Commission on Elections (Comelec) suddenly decided to appear useful with their “Operation Baklas”. No, it wasn’t an LGBT-friendly campaign, where state funds are diverted to sponsor multiple gender reassignment surgeries. Instead, it was a gimmicky attempt to rip up “illegal” posters and campaign materials on various properties and locations.

Well, that certainly led to an uproar, as tarpaulins and even art murals that support Vice President Leni Robredo were targeted and brutally confiscated (or defaced) in front of a shocked public. (Which might actually work in VP Leni’s favor, as she might be perceived by the spectators to be the female victim mercilessly bullied by the machismo powers of the state. A few more votes coming her way!)

Natch, the legal beagles began braying for blood, with the oft-repeated buzzwords “freedom of speech” and “freedom of expression” furiously slung and bashed against the Comelec defenders. And in turn, the electoral watchdog retorted with their usual fallback position that nothing is absolute, including Constitutionally-protected rights.

What a mess. But here comes former Commissioner Bing wading into the fray. Not content with lying low after her vain quest to pressure a fellow Commissioner to do her job, she has come out swinging against the very institution she used to represent by offering some tasty tidbits on how to handle the Comelec reps (and their military cohorts) who come galloping up your private properties.

In a nutshell, the feisty commissioner advised homeowners to have their guard dogs on hand, and if some foolish Comelec rep ventures inside one’s yard, to just let the dogs have their fun with the trespassers. (Apparently, her canine companion of choice is a Doberman.). And if the Comelec reps even dare think of laying their hands and confiscating the alleged violative campaign materials, then treat that as robbery!

And she’s right, you know. The legal luminary is every bit of correct on this score. The Comelec can’t act as thought police. Or visual arts police. Not everything politically offensive is within their purview to slash and vandalize. That would be bestowing them with fearsome powers, powers that are so easy to abuse.

Even now, it’s already a stretch for their current practice of putting up roadblocks in highways, and demanding for identification for every car that passes their way. Purportedly to search for illegal firearms, the roadblocks are a waste of time and an inconvenience to commuters, at the very least. With armed men at their command, it’s also easy for misunderstandings that are settled the wrong way to arise.

As regards Operation Baklas (cracks me up every time I think of multiple gays having sex changes), it’s a good thing the private citizens were meek enough to allow the removal of campaign materials on their properties. (Probably ill-informed as to their rights). Other, more reactive homeowners could have had a ballistic response, blood could have been shed, and violence could have had a field day --and all the legal arguments (and scholars) would have been on their side.

Indeed, it is trespassing, a crime, when unwelcome visitors enter private property without the owner’s consent. It is robbery, another crime, when force is used to take privately-owned property. And the law allows the use of commensurate force when repelling criminals who are caught in the act of committing the crime, even though they be purported state officers. Even public officials and agents aren’t exempt from complying with criminal laws. (Or so, we’d still like to believe).

Just ask Bing. With her outspoken personality and bombastic outbursts, she’s the poster girl for democracy at work.