THE Supreme Court (SC) on Friday announced the acquittal of a security guard charged with violation of the election gun ban due to a defect in the formal complaint filed against him.
In a decision penned by Associate Justice Samuel Gaerlan, the SC’s Third Division overturned the conviction of Efren Sadiarin Baguinon, Sr. who was previously found guilty by the lower courts for carrying a firearm during the election period without proper authorization.
Baguinon was charged under Section 32 of Republic Act No. (RA) 7166, in relation to Commission on Elections Resolution No. 6446 on gun prohibition during election period. The High Tribunal ruled that the conviction could not stand because the complaint failed to clearly state all the essential elements of the crime, as required in criminal cases.
