15/06/2025
| The Supreme Court (SC) ruled that bladed weapons such as knives should not be penalized in the election gun ban as provided under Section 32 of Republic Act No. (RA) 7166, in relation to Commission on Elections Resolution 9561-A.
In a 21-page ruling written by Associate Justice Jhosep Lopez, the SC’s Second Division overturned the conviction of Mark Paul Ildefonso for violation of the Omnibus Election Code for carrying a knife outside of his residence during the election period without proper authorization and Sections 5 and 11 of Republic Act No. 9165.
Ildefonso was arrested in a buy-bust operation where two sachets containing shabu and a 10-inch knife were recovered from his possession. The said operation was conducted on October 14, 2013, or within the election period as prescribed and implemented by the Commission on Elections (COMELEC).
The complaint was filed against him for violation of COMELEC Resolution No. 9561-A, in relation to COMELEC Resolution No. 9735 and the Omnibus Election Code for possession of a knife, and Sections 5 and 11 of Republic Act No. 9165 for selling and possessing shabu.
The Regional Trial Court and the Court of Appeals convicted Ildefonso for all three crimes charged against him. This paved the way for him to file an appeal before the Supreme Court.
In acquitting the accused for selling and possessing illegal drugs, the high court ruled that the arresting officers failed to follow the chain of custody rule, as none of the insulating witnesses were immediately available to witness the drug operations.
It also found out that the inventory, marking, and photograph of the seized items were not conducted immediately at the place of confiscation, which is fatal to the integrity and evidentiary value of the drug item.
“The presence of the witnesses from the DOJ, media, and public elective office is necessary to protect against the possibility of planting, contamination, or loss of the seized drug,” the Supreme Court said.
The SC also denounced the act of the apprehending officer in placing the seized sachet inside his pocket prior to handing it over for marking and inventory, which cast doubt on the identity of the item that was later marked and inventoried.
“This Court cannot simply disregard and ignore the possibility that the items allegedly seized may have been tampered with, altered, or substituted before marking and inventory were conducted,” the Supreme Court added.
As for violation of the gun ban under the Omnibus Election Code, the high court also acquitted the accused, emphasizing that the definition of "deadly weapon" is vague and unclear under the COMELEC resolution prevailing at the time of arrest.
"The [COMELEC]'s definition of 'deadly weapon' is vague and unclear, not only on what may be considered deadly, but also on what may be considered a weapon." As observed by the Court, no law defines what a "deadly weapon" is. Meanwhile, the COMELEC-provided definition is unnecessarily broad, as it includes all types of bladed instruments that are not necessary to the occupation of the possessor or are not used as tools for a legitimate activity,” the Supreme Court said.
The high court also ruled that the poll body exceeded the scope of its legislative authority when it included bladed instruments in the term ''deadly weapons, as it was not the intention of the legislature to make possession and carriage of bladed instruments during the election period punishable.
“The prohibition on the unauthorized possession and carriage of fi****ms and deadly weapons during an election period under Section 261 (q) of the Omnibus Election Code and Section 132 of Republic Act No. 7166 pertains only to fi****ms and deadly weapons that are regulated. Since bladed instruments such as knives are not regulated, possession and carriage of such items should not be made punishable under Section 2(c) in relation to Section l(a) of COMELEC Resolution No. 9561-A,” the Supreme Court added.
The Supreme Court urged the COMELEC to provide a clearer and more concise definition of 'deadly weapon' in their future resolutions and must be more discerning and detailed in providing such a definition.