Senatorial candidate Chel Diokno said the removal of campaign posters and tarpaulins on private property is against the law.
“This is my opinion and this is based on my understanding of the law and my discussions with election lawyers,” said Diokno at a press conference in Bacolod City Sunday, February 20.
If a candidate puts up campaign posters and tarpaulins on private property that would be covered by the Commission on Elections rule because he or she is running for office, he said.
However, if private citizens put up posters or tarpaulins in their private property the Comelec and the Philippine National Police have no authority to go in and remove them, Diokno said.
This will be a violation of the law if there is no notice and hearing, and no search warrant to enter private property, he said.
A civil suit for damages or administrative and criminal cases can be filed against persons responsible for entering private property to remove campaign materials, he said.*