By Perfecto T. Raymundo
MANILA, Jan. 21 (PNA) — The Supreme Court (SC) on Wednesday affirmed the “freedom of the speech and expression” and the “right to property” of the Catholic Church.
This, after the SC ruled in favor of the then controversial “Team Buhay, Team Patay” poster of the Diocese of Bacolod City.
In a press conference, SC Public Information Office (PIO) Chief Atty. Theodore O. Te, said that “In the matter of G.R. No. 205728 entitled “Diocese of Bacolod, petitioner, versus Commission on Elections, et al., respondents”, the Court, voting 9-5, GRANTED the petition, made permanent its March 5, 2013 Temporary Restraining Order and declared the Comelec’s notice dated February 22, 2013 and its letter dated February 27, 2013 UNCONSTITUTIONAL”.
Associate Justice Marvic F. Leonen is the ponente or the writer of the decision.
Concurring with the ruling are Chief Justice Maria Lourdes P. Aranal Sereno, Senior Associate Justice Antonio T. Carpio and Associate Justices Teresita J. Leonardo-De Castro, Diosdado M. Peralta, Mariano C. Del Castillo, Jose Catral Mendoza, Bienvenido L. Reyes and Estela Perlas-Bernabe.
Dissenting with the ruling are Associate Justices Presbitero J. Velasco, Jr., Arturo D. Brion, Lucas P. Bersamin, Jose Portugal Perez and Martin S. Villarama, Jr.
Associate Justice Francis H. Jardeleza took no part due to previous participation as Solicitor General.
On Feb. 21, 2013, the petitioners posted two tarpaulins within a private compound housing the San Sebastian Cathedral of Bacolod City.
Each tarpaulin was approximately six feet by ten feet in size; they were posted on the front walls of the cathedral within public view.
The first tarpaulin contains the message “Ibasura RH Law” referring to the Reproductive Health Law of 2012 or RA 10354, the second tarpaulin, which contains the heading “Conscience Vote” and lists candidates as either “(Anti-RH) Team Buhay” with a check mark or “(Pro-RH) Team Patay” with an X mark.
The SC declared as “unconstitutional” the order of the Commission on Elections (Comelec) to remove the said tarpaulin placed in the front wall of the San Sebastian Cathedral in Bacolod City on Feb. 27, 2013.
In the said poster, it contained the names of the candidates for senator who voted against the Reproductive Health (RH) Law who were with the “Team Buhay”, as well as the names of the senatorial candidates who voted in favor of the RH Law who were with the “Team Patay”.
In the letter of the Comelec dated Feb. 27, 2013, it ordered Bishop Vicente Navarra to remove the poster because it is considered as an “election offense”.
It said that the poster was exceeded the right size of a campaign poster as prescribed by the Comelec.
However, the SC said that the order of the Comelec is “unconstitutional”.
It said that the Comelec has no power to regulate the free expression of private citizens, who are neither candidates nor members of political parties.
It added that the Comelec’s actions violated the rights of free speech and expression of petitioners.
The SC said that the Comelec’s actions, directing petitioners to remove the tarpaulins on their own property, also violated petitioner’s right to property.
It added that the right to property of the petitioner was also violated, and that the content of the tarpaulin is not religious speech, even if it is written or has been caused to be written by the bishop of Bacolod City. (PNA)