SC: Knife ban during elections applies only inside or near precincts

The ban on carrying weapons during elections does not apply to instruments such as knives, unless they are brought inside or near a voting precinct, the Supreme Court (SC) has said.

In a resolution, the Third Division granted a motion for reconsideration of an earlier ruling that found a man guilty for carrying a knife during election period.

“However, there is no proof that the area where he carried it  was in the polling place or within one hundred meters thereof during the days and hours fixed by law for the registration of voters in the polling place, voting, counting of votes, or preparation of the election returns,” it said.

“Consequently, [he] must be acquitted,” it added.

The SC cited Section 261(p) of the Omnibus Election Code, which penalizes the carrying of deadly weapons if done inside or within 100 meters of a voting precinct, and only during specific days and hours set by law for election activities. 

The SC said the prohibition only applies to firearms and similar weapons.

According to the High Court, the man was arrested in 2018 after he was found with a kitchen knife outside his residence without authorization.

Both the regional trial court and the appellate court found him guilty.

The SC initially affirmed the decision.

However, in the present ruling, the High Court said the ruling must be reversed and set aside. It acquitted the man for failure of the prosecution to establish his guilt beyond reasonable doubt.

The ruling, promulgated in October 2025, was penned by Associate Justice Henri Jean Paul Inting. — RSJ, GMA News