SC: Knife ban effective only at polling areas

The Supreme Court (SC) on Tuesday clarified that carrying knives and other bladed instruments during the election period is not automatically prohibited, ruling that the ban applies only within or near voting precincts.

In a resolution penned by Associate Justice Henri Jean Paul Inting, the Court’s Third Division granted a motion for reconsideration and acquitted a man previously convicted under Section 261(p) of the Omnibus Election Code.

The case arose from the man’s arrest during the 2018 elections after he was found carrying a kitchen knife outside his residence without written authorization from the Commission on Elections.

Both the Regional Trial Court and the Court of Appeals had earlier found him guilty, a ruling initially affirmed by the High Court.

Upon review, however, the Supreme Court reversed its decision, citing the prosecution’s failure to establish key elements of the offense.

The Court clarified that while firearms and similar regulated weapons are generally prohibited in public places during the election period, bladed instruments fall under a separate provision of the law.

Under Section 261(p), knives are prohibited only when carried within a voting precinct or within a 100-meter radius during specific election days and hours.

Citing its ruling in Buella v. People, the Court emphasized that bladed weapons are not covered by the broader prohibition under Section 261(q) of the Omnibus Election Code and Section 32 of Republic Act 7166, which primarily apply to firearms.

Applying this interpretation, the Court found that although the accused was carrying a knife during the election period, there was no proof that he was within a voting precinct or the restricted 100-meter zone, nor that the act occurred during the specified periods.