G.R. No. 211214 - Manibog vs. People

On March 17, 2010, during the election gun ban period (Jan. 10 – June 9, 2010), Larry Sabuco Manibog was charged under Section 1 of COMELEC Resolution No. 8714 (in relation to Sec. 32, R.A. 7166) and Sections 261(q) & 264, B.P. Blg. 881 (Omnibus Election Code).
The Information alleged that at about 10:20 a.m. in Brgy. Madamba, Dingras, Ilocos Norte, Manibog willfully and knowingly carried outside his residence a .45-caliber Armscor Model 1911 pistol (SN 1167503) with one loaded magazine, without a COMELEC permit.

Police Chief Inspector Randolph Beniat received a tip from an asset that Manibog stood outside the Municipal Tourism Office in Dingras with a gun tucked in his waistband.
At 20 m from the police station, Beniat’s team approached Manibog. From about 5 – 8 m away, Beniat observed a distinct bulge at Manibog’s waist, deduced it to be a firearm by its contour, approached him, patted the waist, confirmed the gun, disarmed him, and effected a warrantless arrest.
PO2 Rodel Caraballa corroborated Beniat’s account, received the pistol, and marked it with his initials “RC.”

At arraignment, Manibog pleaded not guilty and later admitted carrying the gun but challenged the legality of the search and seizure.
The RTC (Aug. 25, 2011) found probable cause for a lawful arrest, upheld the frisk, and convicted Manibog, sentencing him to 1½ – 2 years, disqualification from office, and forfeiture of the firearm.
The CA denied his appeal (July 31, 2013) and motion for reconsideration (Jan. 29, 2014). Manibog filed a Petition for Review on Certiorari before the SC.