GR 157036; June 9, 2004

Chavez
vs
Romulo;

Facts: GMA delivered a speech to PNP directing PNP Chief Hermogenes Ebdane
to suspend the issuance of Permit to Carry Firearms Outside of Residence
PTCFOR). Ebdane issued guidelines banning carrying firearms outside of
residence. Petitioner, Francisco Chaves requested DILG to reconsider the
implementation. The request was denied. Hence the petition for prohibition and
injunction against Executive Secretary Alberto Romulo and PNP Chief Ebdane.

Issue: Whether or not revocation of PTCFOR is a violation of right to property?

Whether or not the banning of carrying firearms outside the residence is a valid
exercise of police power?

Ruling: Petition dismissed. Just like ordinary licenses in other regulated fields,
PTCFOR may be revoked any time. It does not confer an absolute right, but only a
personal privilege to be exercised under existing restrictions. 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. Revocation of it
does not deprive the defendant of any property, immunity, or privilege.
The basis for its issuance was the need for peace and order in the society. the
assailed Guidelines do not entirely prohibit possession of firearms. What they
proscribe is merely the carrying of firearms outside of residence. However, those
who wish to carry their firearms outside of their residences may re-apply for a new
PTCFOR. This is a reasonable regulation. If the carrying of firearms is regulated,
necessarily, crime incidents will be curtailed.