Case Digest (G.R. No. 190779) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Atty. Reynante B. Orceo v. Commission on Elections, G.R. No. 190779, decided en banc on March 26, 2010 under the 1987 Constitution, petitioner Atty. Reynante B. Orceo, a known airsoft enthusiast since 2000, sought certiorari under Rule 65 of the Rules of Court against COMELEC Resolution No. 8714. Promulgated on December 16, 2009 and effective December 25, 2009, the resolution implements Sections 32 and 33 of R.A. No. 7166, imposing a gun ban from January 10 to June 9, 2010 for the May 10, 2010 elections. Section 2(b) defined “firearm” to include “airgun, airsoft guns, and their replica/imitation in whatever form that can cause an ordinary person to believe that they are real.” Petitioner alleged that this inclusion subjects him to potential arrest and election‐offense liability for mere possession of an airsoft gun in transit to game sites. He argued that R.A. No. 7166 refers only to real firearms, citing Senate debates and the absence of any statutory mention of airsoft guns... Case Digest (G.R. No. 190779) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural Background
- Petition for certiorari under Rule 65 filed by Atty. Reynante B. Orceo challenging the validity of COMELEC Resolution No. 8714 insofar as it defines “firearm” to include airsoft guns and their replicas/imitations, subjecting them to the election‐period gun ban.
- Resolution No. 8714, promulgated December 16, 2009 and effective December 25, 2009, implements Sections 32 (bearing firearms) and 33 (security personnel) of Republic Act No. 7166 (RA 7166) for the May 10, 2010 elections.
- Facts of the Case
- RA 7166, Section 32, prohibits bearing, carrying or transporting firearms or other deadly weapons in public places during the election period unless authorized in writing by COMELEC; Section 35 authorizes COMELEC to issue implementing rules.
- Resolution No. 8714, Section 2(b), defines “firearm” as the term in existing laws and “also includ[es] airgun, airsoft guns, and their replica/imitation in whatever form that can cause an ordinary person to believe that they are real.”
- Petitioner, a longtime airsoft player, argues that inclusion of airsoft guns and their replicas/imitations (i) lacks statutory basis in RA 7166, (ii) criminalizes his recreational activity, and (iii) exposes him to election‐offense liability and direct injury.
- Petitioner prays for:
Issues:
- Whether the Commission on Elections gravely abused its discretion in including airsoft guns and their replicas/imitations within the definition of “firearm” in Section 2(b) of Resolution No. 8714 and thereby subjecting them to the election‐period gun ban.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)