By: Atty. Gregorio B. Austral, CPA 

COMELEC cannot confiscate and destroy
privately-owned campaign materials

In a Press Release issued by the Supreme Court Public Information Office, it was
clarified that COMELEC has no power to confiscate and destroy privately owned
campaign materials displayed on private property. Here is the full text of the
announcement:
[The Supreme Court En Banc held in St. Anthony College of Roxas City, Inc. v.
Commission on Elections that the Commission on Elections (COMELEC) cannot remove
or destroy privately owned campaign materials displayed on private property. The
Court granted the Petition for Certiorari, Prohibition, and Mandamus filed by St. Anthony
College of Roxas City, Inc. (St. Anthony College) against the COMELEC and declared the
COMELEC’s confiscation and destruction of privately-owned campaign materials
displayed on private property unconstitutional.
St. Anthony College and other private persons were the owners and co-owners of
tarpaulins, posters, murals, and other materials displayed on their premises, expressing
support and soliciting votes for former Vice President Maria Leonor Gerona Robredo,
who was a candidate for president in the May 9, 2022 national and local elections. The
COMELEC confiscated and destroyed their campaign materials pursuant to the
COMELEC’s “Oplan Baklas” under Republic Act No. 9006 (RA 9006), or the Fair Election
Act, and COMELEC Resolution No. 10730.
The Court held that RA 9006 only permits the COMELEC to regulate the election
propaganda owned by candidates and political parties. It does not allow the COMELEC
to regulate the political speech of private persons on private property. While COMELEC
may validly implement “Oplan Baklas” against candidates and political parties, it cannot
implement “Oplan Baklas” against private individuals expressing their political
preferences or support for a candidate or political party. The COMELEC also violated
the property rights of St. Anthony College, as there was no legal basis for the
COMELEC’s entry into their private property and removal and destruction of their
privately-owned campaign materials.
The Court emphasized that it “has always protected political speech as one of the
most important expressions guaranteed by the Constitution, and freedom of speech and
expression is at the core of civil liberties and must be protected at all costs for the sake
of democracy.” While acknowledging “the zeal and dedication with which the COMELEC
performs its duties and fulfills its mandate to ensure free and fair elections,” the Court
stressed that “the best intentions cannot justify impermissible infringements on
constitutional rights.”

In closing, the Court held that “the COMELEC’s implementation of “Oplan Baklas”
as against St. Anthony et al., is unconstitutional as it exceeded the bounds of
permissible regulation under RA 9006 and COMELEC Resolution No. 10730.”
The Decision in St. Anthony College of Roxas City, Inc. v. Commission on
Elections was penned by Associate Justice Jose Midas P. Marquez.] Source:
https://sc.judiciary.gov.ph/comelec-cannot-remove-or-destroy-privately-owned-
campaign-materials-displayed-on-private-property