The law must apply to all political campaigns (Sabong News)
Author
Manila Bulletin
Date
MARCH 11 2022
In a political campaign season as heated as the coming summer, cooler heads must prevail when it comes to issues about campaigning. It is obvious — understandable, too — that all campaigns want to be ahead, to project a sense of invincibility, and hide every inch of vulnerability.
Since winning is paramount, all tricks of the trade are done by a political campaign. From tarpaulins, posters, banners, murals, fliers, comics, etc. to commercials seen on television, heard on the radio, or uploaded on the internet and filling up social media platforms, all campaigns boast that they are the “winning” side. Some even banner the results of surveys done by reputable sources, with the losing side claiming that same survey to be based on dubious data.
Can we have a fair and equitable campaign this time? There are still 60 days before the May 9, 2022 national elections. Based on past campaign seasons, the answer to the question is “no,” but recent events have revealed some hope that, perhaps, we could have a better experience this year.
For example, the Supreme Court (SC) en banc handed down a temporary restraining order last March 8, 2022 against “Operation Baklas” implemented by the Commission on Elections (COMELEC). In the past few months, Operation Baklas was in full swing, taking down illegal election materials all over the country. The purpose of this campaign is noble but some “overzealous” implementers have allegedly encroached on private premises, inciting complaints and protests from land or property owners.
The suit, filed on March 1, 2022, sought a stop to “Sections 21 (o), 24, and 26 of COMELEC Resolution No. 10730,” which states the order to dismantle, remove, destroy, deface, and/or confiscate all election materials that are privately owned and privately funded solely by volunteers and private citizens and posted and/or installed within their private properties.” The petitioners told the SC that the COMELEC wrongfully interpreted and implemented this provision.
“The taking down of privately owned materials in private property without notice and hearing and even the threat of legal action constitutes a chilling effect to the citizens’ right to freedom of expression, including political speech, thereby meriting immediate action from this Honorable Court,” the petitioners said.
In resolving the petition, the SC ruled that the COMELEC order was unconstitutional because it has “no power to regulate the right to free expression of private citizens, who are neither candidates nor members of political parties.”
“The COMELEC’s action directing petitioners to remove the tarpaulins on their own property also violated petitioners’ right to property,” the SC added.
Upon notification of the SC’s TRO, the COMELEC heeded the directive, with spokesperson James Jimenez saying that the en banc agreed to obey and would immediately stop Oplan Baklas in private spaces. He, however, said that Oplan Baklas operations will still continue in public spaces as “it is required by law.”
The essence of “law” is the pursuit of justice, which means that no one — even the most powerful — is above the law. Implementing a law, in this case the Baklas Operation, must be within the jurisdiction of fairness—that it applies to all campaigns without regards to popularity, connections, or resources. And at the same time, it has to respect the voice and property of private citizens.
Moving forward in this campaign season, it would be wise to implement rules that are not “colored” by any parties. Laws must be implemented to its full extent—fair and without favor. We are, after all, a nation of laws and must remain to be even after the elections.
