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Orceo v. Comelec

Orceo v. COMELEC concerned whether airsoft guns and their replicas should be included in the term "firearm" and covered by the gun ban during election periods. The petitioner argued that airsoft guns are toys, and the ban infringed on recreational liberties. COMELEC countered that constitutional rights are not absolute and can be limited to serve important interests. The Supreme Court ruled that COMELEC did not abuse its discretion by including airsoft guns, as an ordinary citizen cannot distinguish them from real guns. However, it excluded airsoft gun replicas from the term "firearm" in Resolution No. 8714. The objective is to ensure free elections without fear from any

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Francis Xavier Sinon
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226 views1 page

Orceo v. Comelec

Orceo v. COMELEC concerned whether airsoft guns and their replicas should be included in the term "firearm" and covered by the gun ban during election periods. The petitioner argued that airsoft guns are toys, and the ban infringed on recreational liberties. COMELEC countered that constitutional rights are not absolute and can be limited to serve important interests. The Supreme Court ruled that COMELEC did not abuse its discretion by including airsoft guns, as an ordinary citizen cannot distinguish them from real guns. However, it excluded airsoft gun replicas from the term "firearm" in Resolution No. 8714. The objective is to ensure free elections without fear from any

Uploaded by

Francis Xavier Sinon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Orceo v.

COMELEC- GR 190779, 26 March 2010


FACTS: Petitioner Atty. Reynante B. Orceo questions the validity of Resolution No. 8714 insofar as it
provides that the ter !firear" includes airsoft #uns and their replicas$iitations% &hich results in their
covera#e 'y the #un 'an durin# the election period this year. Petitioer a!!ert! that "#a$i% air!o&t
"rovi'e! (o'i% )o)et! a)o% &a)i#$ )e)(er!. (ailies are entitled to the freedo to choose and
en)oy their recreational activities. *hese li'erties% petitioner contends% cannot 'e a'rid#ed 'y the
+O,-.-+. *hus% petitioner contends that Resolution No. 8714 is not in accordance &ith the /tate
policies under Art. 00% /ec. 11. *he /tate reco#ni2es the sanctity of faily life and shall protect and
stren#then the faily as a 'asic autonoous social institution.
+O,-.-+% ho&ever% contends that they adhere to the aforeentioned state policies% 'ut even
constitutional freedos are not a'solute% and they ay 'e a'rid#ed to soe e3tent to serve appropriate
and iportant interests.
*SS+E: 4hether the +O,-.-+ #ravely a'used its discretion in includin# airsoft #uns and their
replicas$iitations in the ter !firear" in /ection 1 5'6 of R.A. No. 8714.
,EL-: .O. The COMELEC/! itet i the ic#0!io o& air!o&t %0! i the ter) 1&irear)2 a'
their re!0#tat covera%e ($ the e#ectio %0 (a i! to avoi' the "o!!i(#e 0!e o& recreatioa# %0! i
!o3i% &ear, iti)i'atio or terror '0ri% the e#ectio "erio'. *he +ourt holds that the +O,-.-+
did not #ravely a'use its discretion in includin# airsoft #uns and air#uns in the ter !firear" in
Resolution No. 8714 for purposes of the #un 'an durin# the election period. An ordinary citi2en ay not
'e a'le to distin#uish 'et&een a real #un and an airsoft #un. 0t is fear su'vertin# the &ill of a voter%
&hether 'rou#ht a'out 'y the use of a real #un or a recreational #un% &hich is sou#ht to 'e averted.
7ltiately% the o')ective is to ensure the holdin# of free. ,o3ever, the re"#ica! a' i)itatio! o&
air!o&t %0! a' air%0! are e4c#0'e' &ro) the ter) 1&irear)2 i Re!o#0tio .o. 5716.

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