Case Digest (G.R. No. 270337)
Facts:
Virgilio Macabuhay y Payas v. People of the Philippines, G.R. No. 270337, August 13, 2025, First Division, Gesmundo, C.J., writing for the Court. Petition for Review on Certiorari under Rule 45 seeks reversal of the Court of Appeals’ Decision (June 7, 2023) and Resolution (September 29, 2023) affirming the Regional Trial Court’s (RTC) September 16, 2021 Judgment convicting petitioner for carrying a fan knife during the May 13, 2019 election period in violation of COMELEC Resolution No. 10446, Section 261(q) of Batas Pambansa Blg. 881 (Omnibus Election Code), and Section 32 of Republic Act No. 7166.On January 30, 2019, during the 2019 election period, police manning a COMELEC checkpoint in Cavinti, Laguna observed a motorcycle driven by petitioner without a helmet. When signaled to stop, petitioner allegedly failed to comply, was intercepted at a second barrier, could not produce a driver’s license or registration (saying the bike belonged to a friend), appeared nervous, and upon alighting was discovered to have a fan knife (balisong) tucked in his waistband; the officers photographed him and marked the knife “VPM.” An Information (January 31, 2019) charged him with violation of Section 2(a) of COMELEC Resolution No. 10446 in relation to statutory provisions cited above. Petitioner pleaded not guilty.
At trial the prosecution presented PO2 Ranil G. Perez and PO1 Ronald P. Perea, who testified to the checkpoint stop, petitioner’s evasive behavior, and the discovery and marking of the fan knife. Petitioner testified in his own defense, admitting the traffic-related deficiencies but denying possession of the knife, claiming the officers planted it after frisking him and opening the motorcycle compartment; he alleged his arrest related to prior drug matters.
The RTC convicted petitioner and sentenced him to an indeterminate term (minimum one year, maximum two years). The Court of Appeals affirmed, holding the police had probable cause to conduct a warrantless search at the checkpoint, that the knife was in plain view, and that petitioner had waived challenges to the legality of the arrest by pleading not guilty and participating in trial. The CA denied reconsideration. Petitioner then filed the present Rule 45 petition in the Supreme Court, arguing (inter alia) that COMELEC Resolution No. 10446 unconstitutionally expanded “deadly...(Subscriber-Only)
Issues:
- Is COMELEC Resolution No. 10446 constitutional insofar as it defines “deadly weapon” to include bladed instruments?
- Did the Court of Appeals err in convicting petitioner despite alleged contradictions in prosecution testimony and the claimed inadmissibility of the fan knife as fruit of an unlawful search/arrest?
- Did the RTC err in finding the prosecution proved all elements of the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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