Aniag vs Comelec
In preparation for the synchronized national and local elections, the COMELEC issued Resolution No. 2323, “GunBan”, promulgating rules and regulations on bearing, carrying and transporting of firearm or other deadly weapons
on security personnel or bodyguards, on bearing arms by members of security agencies or police organizations,and organization or maintenance of reaction forces during the election period.
COMELEC also issued Resolution No. 2327 providing for the summary disqualification of candidates engaged ingunrunning, using and transporting of firearms, organizing special strike forces, and establishing spot checkpoints.
Pursuant to the “Gun Ban”, Mr. Serrapio Taccad, Sergeant at Arms of the House of Representatives, wrote
petitioner for the return of the two firearms issued to him by the House of Representatives.
Petitioner then instructed his driver, Ernesto Arellano, to pick up the firearms from petitioner’s house and return
them to Congress.
The PNP set up a checkpoint outside Batasan Complex
When the car driven by Arellano approached the checkpoint, the PNP searched the car and found the firearmsneatly packed in their gun cases and placed in a bag in the trunk of the car.
Arellano was apprehended and detained. He then explained the order of petitioner.
Petitioner also explained that Arellano was only complying with the firearms ban, and that he was not a securityofficer or a bodyguard.
Later, COMELEC issued Resolution No.92-0829 directing the filing of information against petitioner and Arellano for violation of the Omnibus Election Code, and for petitioner to show cause why he should not be disqualified fromrunning for an elective position.
Petitioner then questions the constitutionality of Resolution No. 2327.
rgues that “gunrunning, using or transporting firearms or similar weapons” and other acts mentioned in
the resolution are not within the provisions of the Omnibus Election Code.
that the resolution did away with the requirement of final conviction before the commission of certainoffenses
that instead, it created a presumption of guilt as a candidate may be disqualified from office which iscontrary to the requisite quantum of proof for one to be disqualified from running or holding public officeunder the Omnibus Election Code
Thus, according to petitioner, Resolution No. 2327 is unconstitutional.
The issue on the disqualification of petitioner from running in the elections was rendered moot when he lost his bidfor a seat in Congress in the elections.
Petitioner protesting manner PNP conducted the search : Without warrant and without informing driver of his right.
He was not impleaded as party respondent in the preliminary investigation and not included in the chargesheet then making him a respondent in the criminal information - violate due process
Driver not a security personnel or bodyguard
Return guns In compliance to gunbanIssue:WON the warrantless search (checkpoint) is valid