The City of Laging Lunod is in the midst of the campaign period for the May 2025 National and Local Elections. The Commission on Elections (COMELEC) issued Resolution No. 11000, which mandates, among others, that campaign materials posted outside designated common poster areas should not exceed 2 feet by 3 feet and authorizing the COMELEC to remove, confiscate, and destroy oversized campaign materials, whether owned by candidates, political parties, or private individuals under “Oplan Baklas.” During the campaign period, St. Raphael Academy, a private Catholic school in Laging Lunod, allowed its grounds to be used for the posting of large tarpaulins and murals all privately funded by volunteer supporters of one mayoral candidate Attorney Alfonso, prominently bearing his photograph, name, and slogan. The materials measured 10 feet by 15 feet each, well beyond the COMELEC’s size limit, all of which are obviously in favor of only one candidate and not for any social advocacy. COMELEC field officers, implementing “Oplan Baklas,” forcibly entered the school compound, removed the tarpaulins, and confiscated the murals. St. Raphael Academy filed a petition before the Supreme Court challenging the COMELEC’s actions. Will the petition prosper? Explain.
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Answer: Yes, the petition will prosper. Legal Basis: Under Article III, Section 4 of the Constitution, COMELEC's authority to regulate election propaganda under R.A. No. 9006 applies strictly to candidates and political parties, not to private non-candidates (St. Anthony College v. COMELEC; Diocese of Bacolod v. COMELEC). Regulating tarpaulin sizes on private expression displayed by private individuals on private property constitutes an unconstitutional restraint on freedom of speech, as the
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Will the petition filed by St. Raphael Academy prosper?
Under Article III, Section 4 of the 1987 Constitution, Diocese of Bacolod v. COMELEC, and St. Anthony College of Roxas City, Inc. v. COMELEC (G.R. No. 258805, October 10, 2023), the COMELEC's regulatory power over campaign paraphernalia size restrictions under R.A. No. 9006 is limited strictly to candidates and political parties. COMELEC has no statutory or constitutional authority to regulate or confiscate privately-funded election materials displayed by non-candidates on private property. Implementing "Oplan Baklas" against non-candidates on private property constitutes an unconstitutional encroachment on freedom of speech and expression.