Below is a self-contained legal primer that pulls together the essential Philippine rules, doctrines, procedures, and practical notes on (A) the COMELEC gun ban and (B) gambling-related prohibitions during an election period. Everything is based on primary legislation (principally the 1985 Omnibus Election Code, as amended) plus the COMELEC resolutions that operationalize it. Where later statutes (e.g., RA 7166, RA 10591) or jurisprudence refine the framework, they are integrated as well.

1. Statutory & Regulatory Foundations

Source	Key provisions
Batas Pambansa Blg. 881 (Omnibus Election Code, 1985)	• Art. XXII (Election Offenses) – §§ 261(u)–(z) on firearms; § 261(cc) on gambling. • § 264 – uniform penalties for election offenses.
COMELEC Resolutions (updated each election)	• The current template is Resolution No. 10918 (for the 2025 NLE) but every electoral exercise—barangay/SK, plebiscite, recall—gets its own resolution with the same core rules. • Creates the Committee on the Ban on Firearms and Security Concerns (CBFSC) and sets out application procedures for exemptions.
Republic Act No. 10591 (Comprehensive Firearms & Ammunition Regulation Act, 2013)	Reiterates that COMELEC gun-ban rules prevail during an election period, regardless of civilian firearm licensing.
Republic Act No. 7166 (Synchronized Elections Law, 1991)	§ 32 bars cockfighting, horse racing, jai-alai on the day before, the day of, and the day after a national or local election, unless held “within” a licensed casino.
Revised Penal Code & special criminal statutes	Used to prosecute ordinary crimes (e.g., illegal possession) committed in the course of an election offense; the election-offense label attaches cumulative penalties and disqualification.
Key jurisprudence	People v. McCrea, G.R. L-7555 (1955); Abenir v. COMELEC, G.R. 238091 (2019); Mendoza v. COMELEC, G.R. 188126 (2010); People v. Dionisio, G.R. 135644 (2000).

2. What Counts as the “Election Period”?

Electoral exercise	Statutory rule*	Typical COMELEC resolution
National & Local Elections (NLE)	90 days before → 30 days after election day	Mirrors statute.
Barangay & Sangguniang Kabataan (BSKE)	45 days before → 15 days after	Mirrors statute.
Plebiscite / Recall / Special Election	45 days before → 15 days after (Omnibus Code rules on “special elections”)	Resolution specifies exact dates.

*The Omnibus Code sets the floor; Congress or COMELEC may extend but not shorten.

3. The Firearms & Security Personnel Ban

3.1 Core Prohibitions (Omnibus Code § 261(u) & COMELEC Resolutions)

Carrying or transporting firearms or deadly weapons—whether licensed or not.
Employing or engaging security personnel, bodyguards, or similar protective agents.
Use of armored land, water, or air craft without prior COMELEC authority.

A single violation already constitutes an election offense; multiple violations (e.g., unlicensed gun + no COMELEC permit) are prosecuted separately.

3.2 Persons Generally Exempt by Law

Category	Scope of automatic exemption	Notes
Regular members of AFP, PNP, PCG, BFP, BJMP, Intelligence community	Service firearm, on duty and in prescribed uniform.	No uniform = must carry military/police ID and mission order.
Plantilla - item protective forces (e.g., organic security of the Bangko Sentral)	Within official premises or while escorting official transport of assets.	Needs official duty order.
Members of foreign diplomatic missions	Limited to compounds/official vehicles.	Exempt via reciprocity and Vienna Convention; must file verbal note with COMELEC.

Important: The exemption is narrower than some imagine: an off-duty police officer in civilian attire still needs a Certificate of Authority (CA) if he wants to carry outside residence.

3.3 Situational or Requested Exemptions

Anyone else—including elected officials, judges, lawyers under threat, private security agencies, accredited gun clubs—must apply online (or via written petition) to the CBFSC to obtain:

Certificate of Authority to Carry / Transport Firearms;
Authority to Employ Security Personnel (for principals); or
Temporary Detail Order (for protective agents).

How to apply (summary)

File window opens ~30 days before the gun-ban start date; closes ~15 days before the end date.
Upload documentary proofs: license to own firearm, updated LTOPF or PTCFOR, threat assessment (for VIPs), SEC papers (for private security agencies).
Pay filing fee (≈ ₱5 000 per firearm, ₱1 500 per security personnel).
Await CBFSC vetting → approval letter & QR-coded CA; present at checkpoints.

3.4 Checkpoints and Warrantless Arrests

Legal basis: AFP v. Parayno & standard COMELEC checkpoint guidelines.
Officers may visually inspect vehicles; intrusive search requires probable cause.
Possession of a firearm without a COMELEC CA = in flagrante election offense → warrantless arrest valid.

3.5 Penalties

Offense	Punishment (Omnibus Code § 264)
Any gun-ban violation	• Imprisonment: 1–6 years (non-probationable). • Perpetual disqualification from public office and suffrage. • Forfeiture of political rights (candidacy seats, etc.).

If the weapon is unlicensed, add RPC/RA 10591 penalties for illegal possession (often heavier).

3.6 Noteworthy Case Law

Case	Ratio
Mendoza v. COMELEC (2010)	Gun-ban violations are malum prohibitum; intent irrelevant.
People v. Dionisio (2000)	Conviction upheld even when accused had pending—but unapproved—application for CA.
Abenir v. COMELEC (2019)	COMELEC may authorize additional police/security detail for candidates if real threat shown; denial is not grave abuse when evidence is thin.

4. Gambling-Related Election Offenses

4.1 Betting on Election Results

Omnibus Code § 261(cc) – It is unlawful to directly or indirectly wager money or anything of value on the result of any election or to facilitate such a scheme.

Even an informal “pustahan” among friends is covered.
Elements (People v. McCrea):
1. Existence of a wager or betting scheme;
2. The wager depends wholly or partly on the election result;
3. The accused participated (as bettor, sponsor, or broker).
Penalty – Same as gun-ban (see § 264).

4.2 Suspension of Licensed Gambling Operations

Activity	Blackout period	Legal basis	Exception
Cockfighting, horse racing, jai-alai, dog racing	From 12:01 a.m. of the eve of election day → end of 24 hours after election day.	RA 7166 § 32; Omnibus Code § 232.	PAGCOR-licensed casinos inside permitted zone may operate, but must bar betting on election outcome.
E-sabong, online gambling (covered by Executive branch regs)	COMELEC resolutions now treat them like cockfights; same blackout period.	COMELEC authority + PAGCOR Memoranda.	None (temporary shutdown).

Rationale: To prevent vote-buying disguises and ensure voters & workers aren’t lured away from the polls.

4.3 Enforcement Mechanics

COMELEC deputizes the PNP, NBI, Philippine Racing Commission, Games & Amusements Board (GAB), and LGUs.
Local chief executives may suspend mayor’s permits for arenas/tracks that violate.
Seizure of bet money and paraphernalia is allowed under Sec. 53 of RA 10591 (by analogy) and COMELEC resolutions on confiscation.

4.4 Illustrative Cases & Opinions

Opinion of the Secretary of Justice (Op. No. 40, s. 1998) – Betting with a “pari-mutuel” ticket delivered after but paid before election day is still illegal if the race is run inside the blackout window.
PAGCOR Memo-Circular 07-2016 – Casinos must display notices of the ban and disable wager kiosks on election day.

5. Practical Compliance Checklist

✔ Mark your calendar: Note start/end of election period plus gambling blackout window. ✔ Inventory firearms & security staff early; assess who truly needs a CA. ✔ Submit CA applications online at least 2-3 weeks before the ban. ✔ Brief security teams: only service weapons, full uniform, mission order. ✔ Post signage in cockpits/hubs a week before the gambling ban; schedule maintenance downtime. ✔ Educate employees (especially in BPOs and factories) that office-pool betting on election tallies is illegal. ✔ Coordinate with local PNP for checkpoint protocols and emergency protective detail changes. ✔ Document everything: approval emails, QR-coded CAs, security rosters—these are your defenses if audited.

6. Frequently Asked Questions

Question	Short Answer
Can an incumbent mayor keep his usual police security during the gun ban?	Only one security officer by default (the chief of police). Extra detail needs a COMELEC CA upon “validated threat”.
Does the gun ban apply to airsoft, starter pistols, or bladed weapons?	Yes, if they fall under “firearms or deadly weapons”; COMELEC resolutions now expressly include airsoft and replica guns.
May a gun club hold a sanctioned shooting match during the ban?	Yes, inside an accredited firing range provided (a) firearms stay within the premises; (b) prior written authority is secured.
Is online sabong covered even if betting servers are abroad?	Yes. Philippine-based bettors/operators still fall under COMELEC & PAGCOR jurisdiction.
Penalty for a small-time “₱50 pustahan” on mayoral race?	Still an election offense: 1–6 years’ jail, disqualification, fine at court’s discretion. The statute does not hinge on the amount.

7. Key Take-Aways

Election offenses are mala prohibita: good faith or lack of intent won’t excuse possession of a firearm or casual election betting.
Authority must come from COMELEC, not the PNP or LGU. A valid PTCFOR or mayor’s permit is overridden during the gun-ban window.
Strict timelines: missing the application window almost always means going unarmed or business dark for the duration.
Penalties bite hard—non-probationable jail time plus loss of political rights can derail careers and businesses.
Compliance is manageable if planning starts early and paper trails are clean.

Final Word

The Omnibus Election gun-ban and gambling prohibitions are among the Philippines’ most vigorously enforced electoral safeguards. They protect voters from intimidation and curb vote buying and distraction. Familiarity with the legal contours—and diligent paperwork—ensures both personal security and institutional integrity without running afoul of COMELEC’s long arm.