G.R. No. 258805 - St. Anthony College of Roxas City, Inc., represented by Sister Geraldine J. Denoga, D.C. vs. Commission on Elections, represented by Commissioner Socorro B. Inting

Petitioners St. Anthony College of Roxas City, Inc., represented by Sr. Geraldine J. Denoga, D.C., Dr. Pilita De Jesus Liceralde, and Dr. Anton Mari Hao Lim, are private owners of tarpaulins, posters, murals, and other materials.
These materials expressed support for then-candidate Vice-President Maria Leonor Robredo in the May 9, 2022 elections and were displayed on petitioners’ private properties.

Pursuant to COMELEC Resolution No. 10730 (implementing RA No. 9006, the “Fair Election Act”), COMELEC field officers implemented “Oplan Baklas,” removing allegedly “oversized” campaign paraphernalia.
Petitioners received removal orders and had materials forcibly dismantled, removed, or confiscated without their consent or due process.

Petitioners sent demand letters to local COMELEC officers to cease the removals and return materials; no response ensued.
On March 1, 2022, petitioners filed a Petition for Certiorari, Prohibition, and Mandamus with prayer for a temporary restraining order and special raffle before the Supreme Court, alleging violation of free speech and property rights.
A temporary restraining order was issued on March 8, 2022, enjoining further removals pending resolution.

Is a Rule 65 petition proper and ripe given the alleged unconstitutional acts by COMELEC?
Do petitioners have standing and justify direct recourse to the Supreme Court without exhausting administrative remedies or observing the hierarchy of courts?

Does COMELEC have statutory authority under RA 9006 and its implementing rules (Resolution No. 10730) to regulate privately owned and displayed election paraphernalia?
Did removal and confiscation of petitioners’ materials violate constitutional rights to freedom of speech and expression and to property?