File cases, Comelec tells ‘Baklas’ critics

THE Commission on Elections (Comelec) is challenging those questioning the poll body’s operations to take down oversized and misplaced campaign materials to bring the matter to court.

Comelec spokesman James Jimenez also said there is nothing illegal with “Operation Baklas.”

“I would recommend to anyone, who has a problem with what we are doing, to file a complaint about what we are doing,” Jimenez said in a briefing on Wednesday when the Comelec started the implementation of Baklas in Metro Manila.

“If anyone feels that they have an action against the Comelec, they should pursue that action,” he added.

Jimenez said the Comelec does not have any reason to stop taking down illegal campaign materials because there is nothing illegal in their operations.

“In the meantime, we are taking steps to make sure that our laws are being complied with,” he said.

Operation Baklas is set to be conducted all over the National Capital Region in the coming days.

The guidelines under Baklas are similar to those implemented by the Comelec in previous elections.

The camps of presidential candidates Vice President Leni Robredo and Sen. Panfilo Lacson and several volunteer groups supporting candidates criticized the operation, particularly on taking down materials posted on private property. The Robredo camp is considering taking legal action against the Comelec.

In 2013, the San Sebastian Cathedral in Bacolod City posted a “Team Patay and Team Buhay” tarpaulin which identified senatorial candidates who are supporting, and are against, the reproductive health measure. It said the huge tarpaulin is part of free speech and freedom of religion.

The Comelec responded by telling the diocese to take down the poster or face election offense charges. The poll body has said materials that promote for or oppose candidates can be considered campaign materials.

The diocese, subsequently, filed a case with the Supreme Court and successfully secured a temporary restraining order against the Comelec’s order.

The tribunal, in a ruling in January 2015, said the Comelec had no legal basis to regulate expressions, including its maximum size, made by private citizens and non-candidates.

Health Secretary Francisco Duque III asked candidates in the May 9 polls to rethink their campaign strategy instead of pushing the Comelec to ease campaign protocols.

Selfies, hugging, and shaking the hands of supporter are prohibited under Comelec campaign rules.

“You remove your masks, shake hands, hug people… Do you really want to do those things?” he said.

“If possible, let us not crowd the venues that much. Anything excessive is wrong,” he also said.

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