PLAI

← 2026 · Political & Public International Law

The City of Laging Lunod is in the midst of the campaign period for the May 2025 National and Local Elections. The Commission on Elections (COMELEC)…

2026 Bar Exam · Political & Public International Law · Question 13 · Essay

The question

The City of Laging Lunod is in the midst of the campaign period for the May 2025 National and Local Elections. The Commission on Elections (COMELEC) issued Resolution No. 11000, which mandates, among others, that campaign materials posted outside designated common poster areas should not exceed 2 feet by 3 feet and authorizing the COMELEC to remove, confiscate, and destroy oversized campaign materials, whether owned by candidates, political parties, or private individuals under “Oplan Baklas.” During the campaign period, St. Raphael Academy, a private Catholic school in Laging Lunod, allowed its grounds to be used for the posting of large tarpaulins and murals all privately funded by volunteer supporters of one mayoral candidate Attorney Alfonso, prominently bearing his photograph, name, and slogan. The materials measured 10 feet by 15 feet each, well beyond the COMELEC’s size limit, all of which are obviously in favor of only one candidate and not for any social advocacy. COMELEC field officers, implementing “Oplan Baklas,” forcibly entered the school compound, removed the tarpaulins, and confiscated the murals. St. Raphael Academy filed a petition before the Supreme Court challenging the COMELEC’s actions. Will the petition prosper? Explain.

Parts of this answer could not be checked against its sources. Read the law and the decisions in their tabs before relying on it.

Held

Yes, the petition will prosper because the COMELEC exceeded its authority under Article IX-C, Section 2 of the 1987 Constitution and relevant election laws by removing and confiscating privately owned campaign materials on private property without a legal basis, as held in St. Anthony College Of Roxas City v. Commission On Elections, G.R. No. 258805 (2023-10-10).

Explanation

The COMELEC's powers under the Constitution include enforcing and administering election laws and regulations, but these powers are limited to candidates, political parties, and related entities. The Fair Election Act and the Omnibus Election Code specify that lawful election propaganda is allowed only for registered political parties and bona fide candidates, and the COMELEC's regulation of campaign materials, including size limits and designated posting areas, applies only to these groups. Private individuals or entities who are not candidates or political parties are not subject to these specific restrictions.

The Supreme Court has ruled that regulations on campaign materials must be provided by law, reasonable, narrowly tailored to ensure equal opportunity for candidates, and the least restrictive means to achieve their purpose. Importantly, these regulations must only govern the time, place, and manner of expression, not the content. The Court has also emphasized that the COMELEC's size restrictions and removal policies under "Oplan Baklas" do not apply to private persons' political speech or privately owned campaign materials displayed on private property, as doing so would violate freedom of expression and property rights.

In the case of St. Anthony College, the Court held that the COMELEC's removal of oversized campaign materials on private property without legal basis was unconstitutional. The Court underscored that the COMELEC's authority to regulate campaign materials does not extend to private individuals who are not candidates or political parties, and that any regulation must respect constitutional freedoms.

Application to the facts

In this case, St. Raphael Academy, a private Catholic school, allowed volunteer supporters of a mayoral candidate to post large tarpaulins and murals on its private property. These materials were privately funded and clearly in favor of one candidate. The COMELEC's Resolution No. 11000, which limits campaign materials outside designated areas to 2 feet by 3 feet and authorizes removal of oversized materials, was enforced by COMELEC field officers who entered the school grounds without consent and confiscated the materials.

Since the school is private property and the campaign materials were posted by volunteer supporters and not shown on the record to be posted by or on behalf of and in coordination with the candidate or political party, the COMELEC's size restrictions and removal authority under the Fair Election Act and related laws do not apply. The Supreme Court's ruling in St. Anthony College v. COMELEC supports this conclusion, holding that the COMELEC cannot remove or confiscate privately owned election materials on private property without a legal basis. The COMELEC's actions here similarly constitute an impermissible encroachment on freedom of expression and property rights. However, whether the posting by volunteer supporters with the candidate's photograph, name, and slogan constitutes coordination under the law is not established by the facts provided and would require further factual determination.

Therefore, the petition by St. Raphael Academy challenging the COMELEC's removal and confiscation of the campaign materials will prosper because the COMELEC exceeded its authority and violated constitutional rights.

  • a constitutional provision is among the sources and controls over any conflicting statute
  • unverified (contradiction): The categorical statement that the petition will prosper is contradicted by the later admission that coordination is a factual issue not established by the question.
This is general legal information, not legal advice.