G.R. No. 42288 ; February 16, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. CORNELIO BAYONA, defendant-appellant.

FACTS

During the general elections on June 5, 1934, Cornelio Bayona was apprehended within the fenced area surrounding the school building used as Polling Place No. 4 in Barrio Aranguel, Pilar, Capiz. He was carrying a .32 caliber Colt revolver at a distance of 22 meters from the polling place. The revolver was confiscated by a representative of the Department of the Interior and a Constabulary officer. Bayona claimed he was merely on the public road, about 27 meters away, when a friend called him to request a ride for voters, and that he carried the revolver because he was alone and driving his automobile, fearing it might be stolen.

ISSUE

Whether Bayona is guilty of violating Section 416 of the Election Law ( Act No. 3030 ), which prohibits carrying firearms within 50 meters of a polling place on election day, regardless of criminal intent.

RULING

Yes. The Supreme Court affirmed the conviction. The offense under the Election Law is malum prohibitum. The provision is a statutory prohibition where the act itself, intentionally done, constitutes the crime. It is not necessary to prove an intent to intimidate voters or influence the election. The Court found the facts established that Bayona willfully carried his firearm inside the fence surrounding the polling place, thereby committing the prohibited act. The suggested exceptions by the Solicitor-General (e.g., peace officers in pursuit, residents handling firearms at home) were distinguished as not involving the intentional carrying of firearms within the prohibited zone as contemplated by the law. The severity of the penalty is a matter for the legislative or executive branch, not the judiciary.

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