Man gets jail term for violating Comelec gun ban

For carrying an unlicensed handgun while having a good time with his friends inside a sing-along joint in barangay Mabolo during the election period of 2004, a resident of barangay Hipodromo was sentenced by the court yesterday to a one year imprisonment.

Because Jonathan Calumba was convicted for violating Section 261 of the Omnibus Election Code in relation to Comelec-issued gun ban, he is not entitled to probation, meaning he will be compelled to serve his penalty behind bars.

But Calumba had already jumped bail after attending the arraignment of his case before the court branch presided by Regional Trial Court Branch 23 judge Generosa Labra.

Policemen arrested Calumba inside a sing-along joint in Mabolo last April 18, 2004 after the owner of the establishment called up the police after seeing that one of their customers was carrying a gun.

The Comelec's firearms and security committee in Manila issued a certification that for the May 10, 2004 elections, no special permit was granted to Calumba.

Because Calumba had already jumped bail, a warrant of arrest will be issued against him.

Under the existing firearms law, Calumba can no longer be convicted of illegal possession of firearms because of the loopholes in Republic Act 8294.

Section 1 of the law provides that a person may be convicted of illegal possession of firearms, provided that there is no other crime committed in relation to his arrest. - Rene U. Borromeo/BRP