Statement of Aklanon Lawyers for Leni

Since the second week of February, Aklanon Lawyers for Leni-Kiko received reports from various municipal volunteers of the taking down of alleged oversized tarpaulins and posters installed in private properties and volunteer centers.

We reiterate the statement of the Constitutional Law Cluster of UP Law, Recoletos Law Center and Civil and Political Rights Clinic – UP Clinical Legal Education Program, “political speech is a preferred right. And political speech during an election stands on a higher level. The right to participate in electoral process is not just the right to vote, but also the right to vote for a particular candidate”.

We invoke the ruling of the Supreme Court in Adiong v COMELEC, “When a person attaches a sticker with such a candidate’s name on his car bumper, he is expressing more than the name, he is espousing ideas. x x x A sticker may be furnished by a candidate but once the car owner agrees to have it placed on his private vehicle, the expression becomes a statement by the owner, primarily his own and not of anybody else”.

As ruled by no less than the Supreme Court in the case of The Diocese of Bacolod v. COMELEC, et al., “the pertinent elections laws related to private property only require that the private property owner’s consent be obtained when posting election propaganda in the property.” It must be emphasized that volunteers are non-candidates. COMELEC’s regulation cannot be extended to paraphernalia owned by non-candidates.

Posters and tarpaulins expressing support made by volunteers is form of the constitutionally guaranteed freedom of expression which cannot be diminished. Volunteerism of the Aklanons who invested their personal time and money to build, organize and prepare a campaign must be protected.

We honor the independent spirit and volunteerism of Aklanons. Thus, we advise aklanon volunteers for Leni to remain calm, record and report any attempt to enter their property and remove campaign materials without their consent. Document the incident and ask for identification of those claiming to be authorities empowered to remove the campaign materials. Also ask for “receipt” of the campaign materials confiscated with the signature of the person confiscating.

These acts may fall under trespassing, malicious mischief and grave coercion.