THE DIOCESE OF BACOLOD vs.

COMELEC of Bacolod City

Topic: Power of COMELEC to regulate free expression of private citizens
THE DIOCESE OF BACOLOD, REPRESENTED BY THE MOST REV. BISHOP
VICENTE M. NAVARRA and THE BISHOP HIMSELF IN HIS PERSONAL
CAPACITY, Petitioners,
vs.
COMMISSION ON ELECTIONS AND THE ELECTION OFFICER OF BACOLOD
CITY, ATTY. MAVIL V. MAJARUCON, Respondents.
G.R. No. 205728, January 21, 2015
Ponente: Associate Justice Marvic M.V.F Leonen
Facts: Petitioner Diocese of Bacolod is a Roman Catholic diocese and is represented in this
petition by its Bishop, the Most Rev. Vicente M. Navarra. Petitioner Bishop Navarra is also filing
this petition in his individual and personal capacity as the questioned orders are personally
directed at him and also as a concerned citizen, as the issues raised herein are matters of
paramount and transcendental importance to the public which must be settled early given the farreaching implications of the unconstitutional acts of the respondents. The respondents are the
Commission on Elections (COMELEC) and its Election Officer of Bacolod City, Atty. Mavil V.
Majarucon.
On 21 February 2013, the petitioners have caused to be placed on the front wall of the
Bacolod Cathedral two sets of Tarpaulin; each sized 6x10 feet, with the message Conscience
Vote (Team Buhay/Team Patay (Team Patay Tarpaulin). The Team Patay Tarpaulin contained the
names of both Anti and Pro-Reproductive Health Law senatorial candidates. In their special civil
action for Certiorari and Prohibition under Rule 65 of the Rules of Court, petitioners sought the
nullification of the 22 February 2013 order issued by respondent Atty. Majarucon, which orders
them to remove the supposed oversized Team Patay Tarpaulin of the Diocese of Bacolod. They
also sought to nullify the 27 February 2013 order issued by the COMELEC, through its Law
Department, which orders the immediate removal of the Team Patay Tarpaulin and threatening
the petitioner Bishop of Bacolod with the filing of an election offense if he fails to cause its
immediate removal. On March 5, 2013, the Supreme Court En Banc issued a temporary
restraining order enjoining the respondents COMELEC and Atty. Majarucon from removing the
Team Patay Tarpaulin.
Issue: Whether or not the COMELEC can validly issue an order for the removal of the Team
Patay Tarpaulin.

Ruling: COMELECs general role includes a mandate to ensure equal opportunities and reduce
spending among candidates and their registered political parties. It is not to regulate or limit the
speech of the electorate as it strives to participate in the electoral exercise.
The Supreme Court has upheld the legality of the display of tarpaulins in the Bacolod cathedral
by the local diocese to campaign against senatorial candidates in the 2013 elections who
supported the Reproductive Health Law. The high court voided and declared unconstitutional the
order of the Commission on Elections (Comelec) for the dismantling of the so-called Team
Buhay/Team Patay tarpaulins. Granting the petition of Bacolod Bishop Vicente Navarra, the SC
held that the Comelec has no power to regulate the free expression of private citizens that are
neither candidates or members of political parties. The high tribunal also ruled that the assailed
Comelec order dated Feb. 27, 2013 had violated the rights of free speech and expression of
petitioner. Embedded in the tarpaulin are opinions expressed by petitioners. It is a specie of
expression protected by our fundamental law. This is a form of speech hopeful of a quality of
democracy that we should all deserve. It is protected as a fundamental and primordial right by
our Constitution. The expression in the medium chosen by petitioners deserves our protection.