Candidates warned: Violating campaign material rules may lead to election offense

The poll body also started taking down campaign posters that failed to adhere to the rules stated under Comelec Resolution 10730 and the Fair Elections Act through "Oplan Baklas."

These include materials placed in unauthorized common poster areas such as trees, footbridges, electric posts, plazas, parks, school premises, waiting sheds and other public spaces without proper permission.

While the resolution does not explicitly ban plastic, Section 6 does not list it as a permitted material for election posters. Only cloth, paper and cardboard are recognized as lawful election propaganda for posters.

“It’s clearly visible. There’s no need to touch it — just by looking, you can tell it’s not paper or cloth, but plastic,” Comelec Chairperson George Garcia said in Filipino.

The resolution also outlines the permitted sizes for campaign posters and how long they can be displayed for public meetings or rallies.

Notice to remove materials. Garcia explained that since plastic is non-biodegradable and not included in the guidelines, the Comelec has the authority to notify candidates to remove non-compliant campaign materials.

Although some materials were already taken down early Tuesday morning, he said candidates will be given three days from receiving the notice to remove the posters or streamers themselves. 

“So, at least, again, we can issue them show-cause orders, and at the same time, they will have to explain why they should not be charged and why those campaign materials should not be removed,” he added in Filipino. 

He said the materials removed will be documented and preserved as potential evidence in court. These posters, he noted, clearly display the candidates' images.

Penalties of an election offense. Under the Omnibus Election Code, those found guilty of an election offense face imprisonment of one to six years without the possibility of probation. They will also be disqualified from holding public office and barred from voting.

Political parties involved in election law violations may also be fined at least P10,000. 

The exclusive original jurisdiction over these criminal cases falls under regional trial courts.

Need for stricter implementation. Garcia emphasized the importance of enforcing election rules, including the use of biodegradable campaign materials, as “a small but meaningful contribution to protecting the environment.”

“This requirement has been a part of our guidelines for a long time already, but it may not have been strictly enforced or implemented before,” he said in Filipino.

“So, this means that this has been the nth elections where we have indicated that they should use biodegradable materials, they should refrain from using non-biodegradable materials,” he added. 

For those who find the rules strict, Garcia said they could challenge them before the Supreme Court. 

The Comelec is constitutionally mandated to enforce election laws and establish guidelines on electoral matters.