The Supreme Court issued a restraining order against the Commission on Elections (Comelec)’ controversial “Oplan Baklas” (Operation Plan Takedown) scheme that has seen Comelec personnel take down various volunteer-led paraphernalia displayed in private properties across the country.
The Supreme Court decided en banc to issue a temporary restraining order against the Comelec and its director and spokesperson James Jimenez after a Catholic school in Roxas City, Capiz and two volunteer groups asked the highest court in the land to stop the poll body from implementing Comelec Resolution 10730 to “dismantle, remove, destroy, deface, and/or confiscate all election materials that are privately owned and privately funded solely by volunteers and private citizens.”
SC Issues TRO against COMELEC's Oplan Baklas
— Philippine Supreme Court Public Information Office (@SCPh_PIO) March 8, 2022
READ: pic.twitter.com/h0uXuIELrM
Netizens have criticized the “Oplan Baklas” scheme in the past weeks as Comelec authorities have taken down election materials such as posters and tarpaulins deemed “unlawful” under Comelec Resolution 10730, which restricts the sizes and placement of campaign materials.
However, the resolution does not cover materials paid for and produced by volunteers placed in private properties.
Lawyers such as veteran election counsel Romulo Macalintal said that the Comelec’s move to remove campaign materials in private properties was “illegal” and “arbitrary,” as it infringed on citizens’ right to free speech and in some cases, have allegedly committed qualified trespass to dwelling — a punishable act under the Philippines’ Revised Penal Code.
READ: Comelec painting over Leni-Kiko volunteer mural on private property angers netizens
The Supreme Court gave the Commission on Elections no more than 10 days to respond to the petition.
