THE Supreme Court (SC) ruled that campaign materials posted inside private properties can neither be regulated nor removed by the Commission on Elections (Comelec).
The Court en banc, in a decision penned by Associate Justice Jose Midas P. Marquez, ruled that the removal or destruction of campaign materials inside a private property is "unconstitutional." "... the Comelec's implementation of Oplan Baklas... is unconstitutional as it exceeded the bounds of permissible regulation under Republic Act (RA) 9006 [or the Fair Elections Act] and Comelec Resolution 10730," said the Court in its decision, dated Oct. 10, 2023, but released on October 24, which granted granted the Petition for Certiorari, Prohibition, and Mandamus filed by St. Anthony College of Roxas City, Inc. against the Comelec.
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