Man found guilty of violating Comelec gun ban

CEBU, Philippines - The Regional Trial Court has sentenced a man to one year imprisonment after he was found guilty of violating the gun ban imposed by the Commission on Elections. Judge Silvestre Maamo also disqualified Reysaldo Saavedra from voting and from holding public office.

Saavedra carried a .38 caliber snub nose revolver without serial number with two live bullets outside his house sans permit from Comelec on May 8, 2010, which was well within the ban period from February 9 and ended last June 9, 2010.

The ban was imposed in line with the conduct of the May 10 polls.

The court said Saavedra was guilty beyond reasonable doubt for violating Section 261 (q) of Batas Pambansa 881 in relation to Comelec Resolution 8714.

“During the Election period, no one shall bear, carry or transport firearms or other deadly weapons in public places, even if licensed to possess or carry the same, unless authorized in writing by the Commission.”

Saavedra assisted by his counsel, had pleaded guilty to the offense, but his defense was not enough to exonerate him from charges.

The Omnibus Election Code provides that any person found guilty of any election offense under this code shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation.

It further states that the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage.

If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. — THE FREEMAN