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SC clarifies: Knife ban during elections applies only inside or near voting precincts
SC clarifies: Knife ban during elections applies only inside or near voting precincts
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SC clarifies: Knife ban during elections applies only inside or near voting precincts
by Elijah Gaven Mitra14 April 2026
Photo courtesy: Supreme Court

The Supreme Court (SC) of the Philippines has clarified that the election-related prohibition on carrying weapons does not automatically cover bladed instruments such as knives, unless they are brought inside or within the immediate vicinity of voting precincts during restricted election hours.

In a decision released by the Court, written by Associate Justice Henri Jean Paul Inting, the SC granted a motion for reconsideration filed by a man previously convicted for allegedly violating the Omnibus Election Code for carrying a kitchen knife during the 2018 elections.

The Court ruled that while the accused was found in possession of a knife outside his residence, prosecutors failed to prove that he was inside or within 100 meters of a voting precinct during the prohibited period, as required under Section 261(p) of the Omnibus Election Code.

“Absent proof that he was in or near a voting precinct during the specified days and hours, the elements of the offense were not established,” the Court said in its ruling, effectively acquitting the accused.

The decision explains that the scope of election-related weapon bans differs: firearms are prohibited in public throughout the election period, while knives and similar bladed tools are restricted only within or near polling places during designated election activities.

The case stemmed from the man’s arrest in 2018 after he was found carrying a kitchen knife outside his home without authorization from the Commission on Elections (COMELEC). Lower courts initially convicted him, a ruling later affirmed by the SC before it was reversed upon reconsideration.

The ruling underscores the importance of strict legal thresholds in election offenses, particularly in proving proximity to voting precincts and timing of alleged violations.

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