The Supreme Court ruled that the revocation of permits to carry firearms outside the residence (PTCFOR) by the Philippine National Police did not violate due process rights. A license is a privilege granted by the government, not a property right. It can be revoked at any time by executive action, as it does not confer an absolute right. PTCFOR holders receive the privilege subject to conditions, including revocation. Therefore, revoking PTCFORs did not deprive holders of any constitutional property or due process rights.
The Supreme Court ruled that the revocation of permits to carry firearms outside the residence (PTCFOR) by the Philippine National Police did not violate due process rights. A license is a privilege granted by the government, not a property right. It can be revoked at any time by executive action, as it does not confer an absolute right. PTCFOR holders receive the privilege subject to conditions, including revocation. Therefore, revoking PTCFORs did not deprive holders of any constitutional property or due process rights.
The Supreme Court ruled that the revocation of permits to carry firearms outside the residence (PTCFOR) by the Philippine National Police did not violate due process rights. A license is a privilege granted by the government, not a property right. It can be revoked at any time by executive action, as it does not confer an absolute right. PTCFOR holders receive the privilege subject to conditions, including revocation. Therefore, revoking PTCFORs did not deprive holders of any constitutional property or due process rights.
The Supreme Court ruled that the revocation of permits to carry firearms outside the residence (PTCFOR) by the Philippine National Police did not violate due process rights. A license is a privilege granted by the government, not a property right. It can be revoked at any time by executive action, as it does not confer an absolute right. PTCFOR holders receive the privilege subject to conditions, including revocation. Therefore, revoking PTCFORs did not deprive holders of any constitutional property or due process rights.
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3. Chavez v.
Romulo (431 SCRA 534)
FACTS: President Gloria Macapagal-Arroyo delivered a speech before the members of the PNP stressing the need for a nationwide gun ban in all public places to avert the rising crime incidents. She directed the then PNP Chief, respondent Ebdane, to suspend the issuance of Permits to Carry Firearms Outside of Residence (PTCFOR). Ebdane then issued Guidelines in the Implementation of the Ban on the Carrying of Firearms Outside of Residence, which prohibited lawful holders of firearms from carrying their firearms outside of their residences. Petitioner now contends inter alia that the assailed Guidelines violate the due process clause of the Constitution as it deprives of one’s vested property right without due process. ISSUE: Whether or not a revocation of PTCFOR is a violation of right to property. HELD: No. A license authorizing a person to enjoy a certain privilege is neither a property nor property right. In Tan vs. The Director of Forestry, "a license is merely a permit or privilege to do what otherwise would be unlawful, and is not a contract between the authority granting it and the person to whom it is granted; neither is it property or a property right, nor does it create a vested right." In Oposa vs. Factoran, Jr., the Supreme Court held that “[a]ll licenses may thus be revoked or rescinded by executive action. It is not a contract, property or a property right protected by the due process clause of the Constitution." Consequently, a PTCFOR, just like ordinary licenses in other regulated fields, may be revoked any time. It does not confer an absolute right, but only a personal privilege to be exercised under existing restrictions, and such as may thereafter be reasonably imposed. A licensee takes his license subject to such conditions as the Legislature sees fit to impose, and one of the statutory conditions of this license is that it might be revoked by the selectmen at their pleasure. Such a license is not a contract, and a revocation of it does not deprive the defendant of any property, immunity, or privilege within the meaning of these words in the Declaration of Rights.