CA junks gun ban violator’s plea

The Court of Appeals (CA) has affirmed a lower court’s decision convicting a man of violating the election gun ban.

In a resolution dated 5 August penned by Associate Justice Ruben Reynaldo Roxas, the appellate court’s former Seventh Division said it found no compelling reason to reverse its 30 January decision convicting the suspect identified as Edison Manuel of the election offense.

Manuel had appealed his conviction, arguing that the court failed to consider significant points in his case. However, the CA was unpersuaded.

The appellate court reiterated that the prosecution successfully established all the elements necessary for a conviction under the election gun ban law. Key to the case was the fact that Manuel was found in possession of a shotgun without the required permit to carry it outside his residence during the election period.

The CA stressed that the firearm was discovered while Manuel was on a public road, a clear violation of the law. The court also ruled that the seizure of the weapon was lawful under the plain view doctrine, as it was openly visible to the police officer.