Chavez v. Romulo

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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rescinded by executive action.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.

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