The Supreme Court has clarified that the Commission on Elections (Comelec) gun ban during elections applies only to firearms and similar weapons, not to bladed instruments such as knives. However, carrying such weapons is prohibited within or near voting precincts.
This clarification came from the resolution in the case of Miranda v. People of the Philippines (G.R. No. 261412, October 29, 2025), penned by Associate Justice Henri Jean Paul B. Inting. The Supreme Court Third Division acquitted the accused through a motion for reconsideration, reversing earlier convictions for violating Section 261(p) of Batas Pambansa Blg. 881, the Omnibus Election Code (OEC), as amended by Section 32 of Republic Act No. 7166.
The Court found that while the accused carried a knife during the election period, there was no evidence that he was inside a voting precinct or within 100 meters of one during the prohibited days and hours under the OEC.
The accused was arrested during the 2018 elections for carrying a knife outside his residence without a Comelec permit. He was convicted by the Regional Trial Court and the Court of Appeals for possessing a deadly weapon during the election period.
Initially, the Supreme Court affirmed the lower courts' decisions. However, upon the accused's motion for reconsideration, the Court acquitted him because the prosecution failed to prove all elements of the violation.
The Supreme Court explained the scope of the weapon ban during elections. In the case of Buella v. People, the Court ruled that bladed instruments are not covered by Section 261(q) of the OEC and Section 32 of RA 7166, which prohibit carrying firearms outside residences and businesses during the election period.
However, a different violation exists under Section 261(p), which prohibits carrying deadly weapons, including knives, inside or near a voting precinct during the election ban. While the gun ban applies everywhere, the knife ban is limited to voting precincts and their immediate surroundings.
The Court outlined the elements of Section 261(p): carrying a deadly weapon inside a voting precinct or within a 100-meter radius thereof during the days and hours designated for election activities.
In this case, although the prosecution proved the accused carried a knife during the election period, it failed to show that he did so inside or within 100 meters of a voting precinct during the specified hours. Hence, the accused was acquitted.
