The Supreme Court ruled that the Commission on Elections (COMELEC) cannot restrict the size of privately funded election posters displayed on private property, asserting that such restrictions infringe on freedom of expression. This decision underscores the importance of protecting political speech, especially during elections, and limits the COMELEC’s power to regulate expressions by non-candidate entities. The Court emphasized that while election regulations are necessary, they must be balanced against the constitutional right to free speech, ensuring that citizens can voice their opinions on political issues without undue restrictions.

When Faith Meets Politics: Can COMELEC Police Church Opinions?

The Diocese of Bacolod, represented by Bishop Vicente M. Navarra, challenged the COMELEC’s notice and letter deeming their tarpaulin as an election propaganda violation. This tarpaulin, displayed on the cathedral’s facade, featured a list of candidates categorized as “Team Buhay” (pro-life) and “Team Patay” (pro-RH Law), with corresponding check and cross marks. The COMELEC argued that the tarpaulin violated size limitations for election posters and constituted unlawful election propaganda. The central legal question was whether the COMELEC’s actions unconstitutionally infringed upon the Diocese’s right to freedom of expression.

The Supreme Court, in its resolution, denied the COMELEC’s Motion for Reconsideration, affirming its original decision that the notice and letter issued by the COMELEC were unconstitutional. The Court reiterated that Rule 64 of the Rules of Court is not the exclusive remedy for all COMELEC actions, and Rule 65 applies when grave abuse of discretion occurs, leading to a lack or excess of jurisdiction. Petitioners, as non-candidates, were asserting their fundamental right to freedom of expression, which the Court found to have been unduly restricted by the COMELEC’s actions. The Court acknowledged the “chilling effect” of the assailed notice and letter on this constitutional right.

The Court emphasized that the tarpaulin primarily advocated a stand on a social issue, the Reproductive Health Law, and that the election or non-election of candidates was merely secondary. It distinguished the tarpaulin’s message from typical declarative messages of candidates, viewing it as political satire with political consequences. The Court cautioned against censorship or subsequent punishment based on the speaker’s viewpoint or the content of their speech. While acknowledging that private citizens’ speech could amount to election paraphernalia subject to regulation, the Court found that the regulation, as applied in this case, failed the reasonability test. The regulation was deemed content-based, as the form of expression, including size, was considered part of the expression itself.

Justice Brion, in his dissenting opinion, argued that the petition challenging the COMELEC’s actions was premature because it challenged an administrative act without the final approval of the COMELEC en banc. He stated that this deprived the COMELEC of its jurisdiction to determine the constitutionality of its election officers’ actions. The dissent emphasized the COMELEC’s constitutional authority to enforce election laws, including regulating election propaganda. Further, Justice Brion contended that the size restrictions for election posters, as outlined in Section 3.3 of Republic Act No. 9006 (RA 9006), are a lawful exercise of Congress’s power to regulate election propaganda. The COMELEC’s actions, therefore, were within its jurisdiction to enforce and implement election laws.

The dissenting opinion also argued that the disputed tarpaulin fell under the definition of election propaganda. According to Justice Brion, it advocated for the election of certain candidates and the non-election of others based on their stance on the Reproductive Health Law. The dissent pointed out that the tarpaulin contained the names of candidates, was posted during the campaign period, and was intended to promote or oppose the election of said candidates. He disagreed with the majority’s characterization of the tarpaulin as primarily advocating a social issue, arguing that this could undermine the definition of election propaganda.

The Supreme Court, however, maintained its stance, underscoring the importance of safeguarding freedom of expression, especially during election periods. This decision has significant implications for the COMELEC’s regulatory powers, particularly concerning non-candidate entities expressing political opinions. The ruling clarifies that while the COMELEC can regulate election propaganda, such regulations must be narrowly tailored and should not unduly restrict the fundamental right to free speech. The Court emphasized that the public’s right to access diverse political viewpoints is essential for informed decision-making during elections.

This case illustrates the judiciary’s role in balancing election regulations with constitutional rights. The Diocese of Bacolod case serves as a reminder that freedom of expression is not absolute, but any restrictions must be reasonable and justified by a compelling state interest. The decision reinforces the importance of protecting political speech, especially when it involves social issues and the endorsement or opposition of political candidates. The COMELEC’s regulatory powers are subject to judicial review, ensuring that constitutional rights are not sacrificed in the name of election integrity.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC’s size restrictions on election posters, as applied to a tarpaulin displayed by the Diocese of Bacolod, unconstitutionally infringed on the Diocese’s right to freedom of expression. The Court had to balance election regulations with the constitutional right to free speech.
Who were the parties involved in this case?	The petitioners were the Diocese of Bacolod, represented by Bishop Vicente M. Navarra. The respondents were the Commission on Elections (COMELEC) and the Election Officer of Bacolod City, Atty. Mavil V. Majarucon.
What was the content of the tarpaulin in question?	The tarpaulin listed candidates as either “Team Buhay” (pro-life) or “Team Patay” (pro-RH Law), with corresponding check and cross marks, based on their stance on the Reproductive Health Law. This was displayed on the facade of the San Sebastian Cathedral of Bacolod.
What did the COMELEC argue in this case?	The COMELEC argued that the tarpaulin violated size limitations for election posters and constituted unlawful election propaganda, which they had the authority to regulate under election laws. They argued that the tarpaulin was displayed to influence voters.
What was the Court’s ruling?	The Supreme Court ruled in favor of the Diocese of Bacolod, declaring the COMELEC’s notice and letter unconstitutional. The Court held that the size restrictions, as applied to the tarpaulin, infringed on the Diocese’s right to freedom of expression.
Why did the Court rule that the restrictions were unconstitutional?	The Court reasoned that the tarpaulin primarily advocated a stand on a social issue and that the election or non-election of candidates was merely secondary. The Court protected this kind of speech because the quality of this freedom in practice will define the quality of deliberation in our democratic society.
What is the significance of this ruling?	The ruling clarifies the limits of the COMELEC’s regulatory powers over non-candidate entities expressing political opinions, reinforcing the importance of protecting freedom of expression during election periods. It ensures that regulations must be narrowly tailored and justified by a compelling state interest.
What was the dissenting opinion in this case?	Justice Brion dissented, arguing that the petition was premature and that the tarpaulin fell under the definition of election propaganda. He contended that the COMELEC’s actions were within its jurisdiction to enforce election laws, including regulating election propaganda.

This case reinforces the judiciary’s commitment to protecting constitutional rights, even in the context of election regulations. The balance between freedom of expression and election integrity remains a crucial aspect of Philippine jurisprudence. Future cases will likely continue to refine the boundaries of permissible regulation in the realm of political speech.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: THE DIOCESE OF BACOLOD VS. COMMISSION ON ELECTIONS, G.R. No. 205728, July 05, 2016