Bacolod diocese seeks SC relief on controversial billboard

BACOLOD CITY , Philippines– The Diocese of Bacolod sought a temporary restraining order (TRO) from the Supreme Court (SC) to stop the Commission on Elections (Comelec) from implementing its order to remove its controversial billboard.

Bacolod Bishop Vicente Navarra filed on Friday an “urgent petition for certiorari and prohibition with application for preliminary injunction and TRO” against the Comelec and Bacolod election registrar Mavil Majarucon-Sia.

Comelec Chairman Sixto Brillantes has sought to remove the tarpaulin billboard displayed in front of the San Sebastian Cathedral here that he described as “election propaganda.”

The tarpaulin listed the lawmakers who voted in favor of Republic Act 10354, or The Responsible Parenthood and Reproductive Health Act of 2012, as “Team Patay,” and those who voted against the law as “Team Buhay.”

Brillantes said the Bacolod Diocese should take down the poster since it is also oversized.

“If they don’t take it out, we will simply charge them,” Brillantes said.

The Comelec, through the Bacolod election registrar, issued a notice to Navarra to take down the billboard.

The Diocese though refused to comply, prompting the Comelec Law Department, though director Esmeralda Amorada-Ladra, to issue an order to Navarra on Feb. 27 to remove the tarpaulin because it is an oversized campaign material.

The controversial tarpaulin reportedly measures six feet by 10 feet. Comelec Resolution 9615 said campaign posters should not exceed two by three feet.

Navarra, however, maintained they have not violated any election law since the poster was not meant as a campaign material but as an expression for those who voted for and against the RH Law.

The Catholic Church has opposed the enactment of the Reproductive Health law on fears that it would promote abortion, hence those who voted in favor of the law are called Team Patay (death) while those who voted against it are Team Buhay (life).

Navarra argued the billboard is covered by the broader constitutional guarantee of freedom of expression, not by election laws or rules and regulations.

He said the Comelec has no jurisdiction over the Church, aside from the fact that the tarpaulin is inside the church premises.

Navarra said the billboard would remain in the façade of the Cathedral until May 13, Election Day.

He revealed more Church leaders across the country are set to follow his example and will put up similar billboards.

Brillantes recognized that the Church is privately owned but maintained the tarpaulin is still covered by the size restriction under Comelec rules.

“Freedom of speech and expression must be exercised within the bounds of law. Existing laws set the maximum size allowed for posters,” Brillantes said.

“I maintain that election laws, including those governing campaign, apply to all citizens regardless of faith or persuasion, even the Church,” he said.

Brillantes threatened to file charges of election offense against those who made the billboard. – With Sheila Crisostomo