FRANCISCO I. CHAVEZ v. ALBERTO G. ROMULO, GR No.

157036, 2004-06-09
Facts:
In
J
In January... n... ide... un... gun... b... i... a... avert... crime... ncidents. She directed the then PNP Chief, respondent Ebdane,
to suspend the issuance... of Permits to Carry Firearms Outside of Residence (P
CFOR)
PTCFOR
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 (PTCFOR), thus:... thus... hus:
THERE
PERIMETERS
E
THERE IS ALSO NEED TO FOCUS ON THE HIGH PROFILE CRIMES THAT TEND TO DISTURB THE PSYCHOLOGICAL
PERIMETERS OF THE
MUNITY THE LATEST BEING THE KILLING OF FORMER NPA LEADER ROLLY KINTANAR. I UNDERSTAND WE
ALREADY HAVE T
THERE IS ALSO NEED TO FOCUS ON THE HIGH PROFILE CRIMES THAT TEND TO DISTURB THE PSYCHOLOGICAL
PERIMETERS OF THE COMMUNITY THE LATEST BEING THE KILLING OF FORMER NPA LEADER ROLLY KINTANAR.
I UNDERSTAND WE ALREADY HAVE THE IDENTITY OF THE CULPRIT.
STI
"THERE IS ALSO NEED TO FOCUS ON THE HIGH PROFILE CRIMES THAT TEND TO DISTURB THE PSYCHOLOGICAL
PERIMETERS OF THE COMMUNITY THE LATEST BEING THE KILLING OF FORMER NPA LEADER ROLLY KINTANAR.
I UNDERSTAND WE ALREADY HAVE THE IDENTITY OF THE CULPRIT. LET US BRING THEM
TO THE BAR OF JUSTICE.
IDENTITY OF THE CULPRIT. LET US BRING THEM
TO THE BAR OF JUSTICE.
WE CANNOT DISREGARD THE PARAMOUNT NEED FOR LAW AND ORDER. JUST AS WE CANNOT BE HEEDLESS OF
OUR PEOPLE'S ASPIRATIONS FOR PEACE
WE
CANNOT
WE CANNOT DISREGARD THE PARAMOUNT NEED FOR LAW AND ORDER. JUST AS WE CANNOT BE HEEDLESS OF
OUR PEOPLE'S ASPIRATIONS FOR PEACE."
Issues:
Petitioner's
Petitioner's submissions may be synthesized into five (5) major issues:
Petitioner's submissions may be synthesized into five (5) major issues:
First
Petitioner's submissions may be synthesized into five (5) major issues:
First, w... whether... respondent
Ebdane
First, whether respondent Ebdane is authorized to issue the assailed Guidelines;... authorized... to... issue... assailed
Guidelines
Second, whether the citize... citizens... right... bear... arms... is... a... constitutional
Second, whether the citizens' right to bear arms is a constitutional right?;
?... i
Third, whether the revocation of petitioner's PTC
FOR pursuant to the assailed Guidelines is a violation of his right to property?;
Third, whether the revocation of petitioner's PTCFOR pursuant to the assailed Guidelines is a violation of his right to
property?;
Fourth, whether the issuance of the assailed Guidelines is a valid exercise of police power?; and
Fourth, whether the issuance of the assailed Guidelines is a valid exercise of police power?; and
Third, whether the revocation of petitioner's PTCFOR pursuant to the assailed Guidelines is a violation of his right to
property?;
Fourth, whether the issuance of the assailed Guidelines is a valid exercise of police power?; and
Fifth, whether the assailed Guidelines constitute an ex post facto law?... law?
Fifth, whether the assailed Guidelines constitute an ex post facto law?
Second, whether the citizens' right to bear arms is a constitutional right?;
Third, whether the revocation of petitioner's PTCFOR pursuant to the assailed Guidelines is a violation of his right to
property?;
Fourth, whether the issuance of the assailed Guidelines is a valid exercise of police power?; and
Fifth, whether the assailed Guidelines constitute an ex post facto law?
The Solicitor General seeks the dismissal of the petition pursuant to the doctrine of hierarchy of courts. Nonetheless, in
refutation of petitioner's arguments, he contends
Solicitor... arguments... that... firearms
: (1) the PNP Chief is authorized to issue the assailed Guidelines; (2) petitioner does... not have a constitutional right to own
and carry firearms; (3) the assailed Guidelines do not violate the due process clause of the Constitution; and (4) the assailed
Guidelines do not constitute an ex post... facto
The Solicitor General seeks the dismissal of the petition pursuant to the doctrine of hierarchy of courts. Nonetheless, in
refutation of petitioner's arguments, he contends that: (1) the PNP Chief is authorized to issue the assailed Guidelines; (2)
petitioner does... not have a constitutional right to own and carry firearms; (3) the assailed Guidelines do not violate the due
process clause of the Constitution; and (4) the assailed Guidelines do not constitute an ex post facto law.
law
.
Ruling:
Principles: