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Orceo Vs Comelec Digest

Atty. Reynante B. Orceo challenged the validity of Resolution No. 8714's inclusion of airsoft guns in the term "firearm" subject to the gun ban during elections. The resolution resulted in a violation of constitutional rights and struck down airsoft as a family activity. However, the Court upheld the resolution, finding that the COMELEC did not abuse its discretion in including airsoft guns because ordinary citizens may not be able to distinguish them from real guns, and they could sow fear and intimidation during elections. The Court ultimately denied the petition to ensure free, orderly, and peaceful elections.

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1K views1 page

Orceo Vs Comelec Digest

Atty. Reynante B. Orceo challenged the validity of Resolution No. 8714's inclusion of airsoft guns in the term "firearm" subject to the gun ban during elections. The resolution resulted in a violation of constitutional rights and struck down airsoft as a family activity. However, the Court upheld the resolution, finding that the COMELEC did not abuse its discretion in including airsoft guns because ordinary citizens may not be able to distinguish them from real guns, and they could sow fear and intimidation during elections. The Court ultimately denied the petition to ensure free, orderly, and peaceful elections.

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mei_2208
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PARILLA, MAY ANN C.

LLB 2-1

ELECTION LAW
MONDAYS/CW8

G.R. No. 190779


March 26, 2010
ATTY. REYNANTE B. ORCEO VS. COMELEC
Facts:
Atty. Reynante B. Orceo assailed the validity of Resolution No. 8714 insofar as it provides
that the term firearm includes airsoft guns and their replicas/imitations, which results
in their coverage in the gun ban during the election period. It assailed that the inclusion
results to violation of constitutional rights of the airsoft players and strucks down the
game promotes, as a family outdoor activity.
Issue:
Whether or not it is valid to hold airsoft gun included in Section 2 (b) of RA No. 8714.
Held:
Yes. The Court holds that the COMELEC did not gravely abuse its discretion in including
airsoft guns and air guns in the term firearm in Resolution No. 8714 for the purpose of
the gun ban during the election period. The COMELECs intent in the inclusion of airsoft
guns in the term firearm and their resultant coverage by the election gun ban was
because these guns are replicas/imitations of the real one. An ordinary citizen may not
be able to distinguish between a real gun and an airsoft gun especially during the
election period. These recreational guns could be used in sowing fear, intimidation or
terror during the heat of election. Ultimately, what the ban seeks to promote is to ensure
the holding of free, orderly, honest, peaceful and credible election. With such, the Court
ruled to deny the petition for lack of merit.

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