THE DIOCESE OF BACOLOD, vs.

COMELEC

G.R. No. 205728 January 21, 2015

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FACTS:

Petitioners invoke their constitutional right to communicate their opinions, views and beliefs about
issues and candidates. They argue that the two tarpaulins containing the message "IBASURA RH
Law", on the first tarpaulin, referring to the Reproductive Health Law of 2012 or Republic Act No.
10354, and the second tarpaulin states 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, was
their statement of approval and appreciation of the named public officials’ act of voting against
the RH Law, and their criticism toward those who voted in its favor.

Respondent Election Officer issued a notice to Bishop Navarra ordering the immediate removal of
the tarpaulin in question, otherwise, it will be constrained to file an election offense against
petitioners as such constitutes election propaganda. Petitioners, on the other hand, claimed that the
questioned orders effectively restrain and curtail their freedom of expression. Therefore, should
be declared unconstitutional and void.

ISSUES:

Whether or not the COMELEC in issuing the questioned notice and letter curtailed the
constitutional right of petitioners to freedom of expression.

HELD:

YES. The Court ruled that the COMELEC does not have the authority to regulate the enjoyment
of the preferred right to freedom of expression exercised by a non-candidate in this case because
petitioners are not candidates neither do they belong to any political party

In the instant case, the Court stated that the right to freedom of expression applies to the entire
continuum of speech from utterances made to conduct enacted, and even to inaction itself as a
symbolic manner of communication. Freedom of speech includes the right to be silent. While the
tarpaulin may influence the success or failure of the named candidates and political parties, this
does not necessarily mean it is election propaganda.

Further, "Team Patay" does not refer to a list of dead individuals nor could the Archbishop of the
Diocese of Bacolod have intended it to mean that the entire plan of the candidates in his list was
to cause death intentionally. The tarpaulin contains speech on a matter of public concern, that is, a
statement of either appreciation or criticism on votes made in the passing of the RH law.
Furthermore, the list of "Team Patay" is juxtaposed with the list of "Team Buhay" that further
emphasizes the theme of its author: Reproductive health is an important marker for the church of
petitioners to endorse. Even though the tarpaulin is readily seen for public view, the tarpaulin
remains the private property of petitioners because it was posted on the front walls within the San
Sebastian Cathedral of Bacolod. Their right to use their property is likewise protected by the
Constitution.

That the position of the Catholic Church appears to coincide with the message of the tarpaulin
regarding the RH Law does not, by itself, bring the expression within the ambit of religious speech.
On the contrary, the tarpaulin clearly refers to candidates classified under "Team Patay" and "Team
Buhay" according to their respective votes on the RH Law.

Hence, petition is GRANTED. The act of COMELEC is declared unconstitutional.