Court convicts cop for gun ban violation

HILONGOS, LEYTE, Philippines — After sixteen years, the court finally handed down its verdict, convicting a police officer for gun ban violation during the 1995 elections.

Judge Ephrem Abando of the Regional Trial Court-branch 18 in Hilongos, Leyte, in his promulgation dated last August 3, found SPOI Regilito C. Lumayno, guilty of the crime.

Abando sentenced the police officer to an imprisonment of one to four years, disqualification to hold public office, and deprivation of his right to suffrage.

Lumayno was charged, under criminal case no. H - 1346, with violation of section 261 (q) of the Omnibus Election Code in relation to section 32 of Republic Act 7166.

The information filed by Amodin D. Dalaig, director of the law department of the Comelec in Intramuros, Manila, dated September 13, 2004, stated that on May 18, 1995, during the election period and within the firearm ban for the May 8 election, Lumayno–without lawful authority–carried his firearm (an armalite rifle), which he pointed to the group of Rodolfo Gatungay who were guarding the ballot boxes stored at the municipal hall building of Hilongos.

Section 261(q) of the election law states that "carrying firearms outside residence or place of business–any person who although possessing a permit to carry firearms outside residence or place of business during the election period unless authorized in writing by the Commission. Provided, that a motor vehicle, water or aircraft shall not be considered a residence or place of business or extension thereof."

Section 32 of RA 7166, in amending section 261 of the Omnibus Election Code, provides that "during election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same unless authorized in writing by the commission. The issuance of firearm licenses shall be suspended during the election period."

Abando said that section 32 of RA 7166 is a special law and its nature is "mala prohibita" (intent or good faith could not be entertained), thus the mere carrying of the armalite rifle without the necessary permit from the Comelec is already a violation.

The FREEMAN learned that Lumayno last served in Matalom town in Leyte and was already out of the police force sometime in 2009.

Last August 15, Lumayno, through his lawyer, filed a motion for reconsideration on his conviction. - THE FREEMAN