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18 Pebrero 2022, Biyernes
4 months to EMMANUEL
PACQUIAO 22
10 days to fire prevention month March
Klinpix Janitorial and Pest Control Services is hiring riders with units of college or equivalent in non-formal training, 09438144995, 09916444376
The National Telecommunications Commission warned watching public to withold any information to anyone offering job, it is scam.
Materials of personal advocacy not illegal, should not be removed
By Nidz Godino
“What the Supreme Court said in that case, if it does not endorse a candidate, it simply delivers a social message or a social advocacy, that is not an election propaganda, and the Comelec does not have the right to remove that,” Commission on Elections (Comelec) former commissioner Atty. Rene Sarmiento said materials showing a person’s personal advocacy posted within their personal property are not illegal and should not be removed by Comelec.
Sarmiento said materials that do not directly endorse candidate and merely express social message or advocacy are not considered as election propaganda, and should not be removed.
Sarmiento was referring to the ruling of the Supreme Court (SC) on the case of Diocese of Bacolod vs Comelec, which set jurisprudence on non-candidates putting up campaign propaganda.
In its ruling, the SC stated that “regulation of election paraphernalia will still be constitutionally valid if it reaches into speech of persons who are not candidates… only if what is regulated is declarative speech that, taken as a whole, has for its principal object endorsement of candidate only…for this purpose, it will not matter whether speech is made with or on private property.”
Sarmiento said a material becomes an election propaganda if it endorses a candidate, and thus it should follow the rules set by Comelec.
He, however, clarified that the removal of such campaign materials should not be arbitrary, and should follow conditions like there must be a law providing for it; it must be reasonable; it must respect privacy of freedom of communication; and least restrictive of the rights of a citizen
“if what Comelec is doing will violate these four conditions even if there is a regulation, that will be declared null and void by the Supreme Court,” Sarmiento explained.
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