Chavez vs.

Rumulo
G.R. no. 157036, June 9, 2004
Facts:
In January 2003, 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.

Petitioner Francisco I. Chavez, a licensed gun owner to whom a PTCFOR has been issued,
requested the Department of Interior and Local Government (DILG) to reconsider the
implementation of the assailed Guidelines. However, his request was denied. Thus, he filed the
present petition impleading public respondents Ebdane, as Chief of PNP; Alberto G. Romulo, as
Executive Secretary; and Gerry L. Barias, as Chief of the PNP-Firearms and Explosives Division.
Issue:
Whether the citizens’ right to bear arms is a constitutional right?
Ruling:
Section 1, Article III of the Constitution provides that "no person shall be deprived of life,
liberty or property without due process of law." Petitioner invokes this provision, asserting that
the revocation of his PTCFOR pursuant to the assailed Guidelines deprived him of his "vested
property right" without due process of law and in violation of the equal protection of law.
Petitioner cannot find solace to the above-quoted Constitutional provision. In evaluating a due
process claim, the first and foremost consideration must be whether life, liberty or property
interest exists.32 The bulk of jurisprudence is that a license authorizing a person to enjoy a
certain privilege is neither a property nor property right. In Tan vs. The Director of Forestry,33 we
ruled that "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 a more emphatic
pronouncement, we held in Oposa vs. Factoran, Jr.34 that:
"Needless to say, all licenses may thus be revoked or rescinded by executive action.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."

CASE DIGEST BY:

KEN JAN SILVESTRE
CONSTITUTIONAL LAW 1