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Case Digests: Topic Author Case Title GR No Tickler Date Doctrine

This case concerns the validity of Resolution No. 8714 issued by the Commission on Elections (COMELEC) which included airsoft guns in the definition of "firearm" for purposes of the gun ban during the 2010 election period. The petitioner argued that airsoft guns should be excluded from the definition. The Supreme Court ruled that the COMELEC did not gravely abuse its discretion in including airsoft guns, as the COMELEC has broad authority to issue rules to ensure free, orderly and credible elections. However, replicas and imitations of airsoft guns were excluded from the definition. Thus, the petition was partly granted to exclude replicas, but dismissed to uphold the inclusion of actual airsoft guns.

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186 views2 pages

Case Digests: Topic Author Case Title GR No Tickler Date Doctrine

This case concerns the validity of Resolution No. 8714 issued by the Commission on Elections (COMELEC) which included airsoft guns in the definition of "firearm" for purposes of the gun ban during the 2010 election period. The petitioner argued that airsoft guns should be excluded from the definition. The Supreme Court ruled that the COMELEC did not gravely abuse its discretion in including airsoft guns, as the COMELEC has broad authority to issue rules to ensure free, orderly and credible elections. However, replicas and imitations of airsoft guns were excluded from the definition. Thus, the petition was partly granted to exclude replicas, but dismissed to uphold the inclusion of actual airsoft guns.

Uploaded by

michelle zatarain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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2S ADMIN Case Digests

TOPIC Postponement and Failure of Election, Post-Election Actions, Election AUTHOR Montealegre
Offenses

CASE TITLE Orceo v. COMELEC GR NO 190779

TICKLER Gun ban; Firearm; Air guns DATE 26 March 2010

DOCTRINE The COMELEC is mandated to provide the details of who may bear, carry or transport firearms or other
deadly weapons, as well as the definition of firearms, among others. COMELEC’s intent in the inclusion
of airsoft guns in the term “firearm” and their resultant coverage by the election gun ban is to avoid
the possible use of recreational guns in sowing fear, intimidation or terror during the election period.
FACTS This is a petition for certiorari questioning 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 by the gun ban during the election period this year.

Resolution No. 8714 is entitled Rules and Regulations on the:(1) Bearing, Carrying or Transporting of
Firearms or other Deadly Weapons; and (2) Employment, Availment or Engagement of the Services of
Security Personnel or Bodyguards, During the Election Period for the May 10, 2010 National and Local
Elections. It contains the implementing rules and regulations of Sec. 32 (Who May Bear Firearms) and
Section 33 (Security Personnel and Bodyguards) of Republic Act (R.A.) No. 7166, entitled An Act
Providing for Synchronized National and Local Elections and for Electoral Reforms, Authorizing
Appropriations Therefor, and for Other Purposes.

Petitioner prays that the Court annul Resolution No. 8714 insofar as it includes airsoft guns and their
replicas/imitations within the meaning of “firearm,” and declaring the Resolution as invalid; order the
COMELEC to desist from further implementing Resolution No. 8714 insofar as airsoft guns and their
replicas/imitations are concerned; order the COMELEC to amend Resolution No. 8714 by removing
airsoft guns and their replicas/imitations within the meaning of “firearm”; and order the COMELEC to
issue a Resolution directing the Armed Forces of the Philippines, Philippine National Police and other
law enforcement agencies deputized by the COMELEC to desist from further enforcing Resolution
No.8714 insofar as airsoft guns and their replicas/imitations are concerned.
ISSUE/S Whether or not the COMELEC gravely abused its discretion in including airsoft guns and their
replicas/ imitations in the term firearm in Section 2 (b) of R.A. No. 8714?
RULING/S NO. 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 purposes of the gun ban during the
election period. The COMELEC had the authority to promulgate Resolution No. 8714 pursuant to
Section 35 of R.A. No. 7166. Under this broad power, the COMELEC was mandated to provide the
details of who may bear, carry or transport firearms or other deadly weapons, as well as the definition
of firearms, among others. These details are left to the discretion of the COMELEC, which is a
constitutional body that possesses special knowledge and expertise on election matters, with the
objective of ensuring the holding of free, orderly, honest, peaceful and credible elections.

COMELEC’s intent in the inclusion of airsoft guns in the term “firearm” and their resultant coverage
by the election gun ban is to avoid the possible use of recreational guns in sowing fear, intimidation
or terror during the election period. However, the replicas and imitations of airsoft guns and air guns
are excluded from the term “firearm” in Resolution No. 8714. Wherefore, it is PARTLY GRANTED

2S [AY 2020-2021]
San Beda University – College of Law
2S ADMIN Case Digests
insofar as the exclusion of replica and imitations of airsoft guns from the term “firearm” is concerned.
The petition is DISMISSED in regard to the exclusion of airsoft guns from the term “firearm” in
Resolution No. 8714. Airsoft guns and air guns are covered by the gun ban during the election period.
NOTES

2S [AY 2020-2021]
San Beda University – College of Law

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