Chavez V Romulo - GR 157036 - LegRes Digest

(Under Police Power of LegRes Syllabus)
G.R. No. 157036 June 9, 2004
FRANCISCO I. CHAVEZ Petitioner,
vs.
HON. ALBERTO G. ROMULO, IN HIS CAPACITY AS EXECUTIVE SECRETARY; DIRECTOR
GENERAL HERMOENES E. EBDANE, JR., IN HIS CAPACITY AS THE CHIEF OF THE PNP,
ET. AL., respondents.
FACTS
Petition for prohibition and injunction seeking to enjoin the implementation of the “Guidelines in
the Implementation of the Ban on the Carrying of Firearms Outside of Residence” (Guidelines)
was issued by respondent Hermogenes E. Ebdane, Jr., Chief of the Philippine National Police
(PNP) on the 31st of July.
Petitioner Francisco I. Chavez, a licensed gun owner to whom a PTCFOR has been issued,
requested the DILG to reconsider the implementation of the assailed Guidelines. However, his
request was then 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/s:
1. Whether or not respondent Ebdane is authorized to issue the assailed Guidelines.

2. **Whether or not the issuance of the assailed Guidelines is a valid exercise of police
power.
RULING:
1. The Authority of the PNP Chief
YES. With the principle of separation of powers, the Legislative, Executive, and the Judiciary
have their own “exclusive cognizance of the matters within its jurisdiction and is supreme
within its own sphere.” Hence, any intent to abdicate other branch’s power is
unconstitutional as a “delegated power may not be delegated.”
The rule which forbids the delegation of legislative power, however, is not absolute
and inflexible. It admits of exceptions. An exception sanctioned by immemorial practice
permits the legislative body to delegate its licensing power to certain persons, municipal
corporations, towns, boards, councils, commissions, commissioners, auditors, bureaus and
directors. Such licensing power includes the power to promulgate necessary rules and
regulations.
Act No. 1780 delegated upon the Governor-General (now the President) the authority (1) to
approve or disapprove applications of any person for a license to deal in firearms or to
possess the same for personal protection, hunting and other lawful purposes; and (2) to
revoke such license any time. It authorized him to issue regulations which he may deem
necessary for the proper enforcement of the Act.
The growing complexity in the Office of the Governor-General resulted in the delegation of
his authority to the Chief of the Constabulary, which included the granting application for
firearms, but also to revoke the same.
By virtue of Republic Act No. 6975, the PNP absorbed the Philippine Constabulary (PC).
Consequently, the PNP Chief succeeded the Chief of the Constabulary and, therefore,
assumed the latter’s licensing authority. This include powers, the issuance of licenses
for the possession of firearms and explosives in accordance with law. This is in conjunction
with the PNP Chief’s “power to issue detailed implementing policies and instructions”
on such “matters as may be necessary to effectively carry out the functions, powers and
duties” of the PNP.
2. Exercising Police Power
YES. Assuming petitioner’s PTCFOR constitutes a property right protected by the

Constitution, the same cannot be considered as absolute as to be placed beyond the
reach of the State’s police power. All property in the state is held subject to its
general regulations, necessary to the common good and general welfare.
According to the Court, to determine the validity of a police measure:

1. The interests of the public generally, as distinguished from those of a particular class,
require the exercise of the police power; and
2. The means employed are reasonably necessary for the accomplishment of the purpose
and not unduly oppressive upon individuals.
It is clear from the assailed Guidelines that the basis for its issuance was the need for
peace and order in the society. The motivating factor in the issuance of the assailed
Guidelines is the interest of the public in general.
The only question that can then arise is whether the means employed are appropriate
and reasonably necessary for the accomplishment of the purpose and are not unduly
oppressive. In the instant case, 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. With the
revocation of all PTCFOR, it would be difficult for criminals to roam around with their guns,
hence it would be easier for the PNP to apprehend them.
Notably, laws regulating the acquisition or possession of guns have frequently been upheld
as reasonable exercise of the police power. In State vs. Reams, it was held that the
legislature may regulate the right to bear arms in a manner conducive to the public
peace. With the promotion of public peace as its objective and the revocation of all
PTCFOR as the means, the Court is convinced that the issuance of the assailed Guidelines
constitutes a reasonable exercise of police power.
The was DISMISSED.

Chavez V Romulo - GR 157036 - LegRes Digest

Uploaded by

Copyright:

Available Formats

Chavez V Romulo - GR 157036 - LegRes Digest

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Chavez V Romulo - GR 157036 - LegRes Digest

Uploaded by

Copyright:

Available Formats

(Under Police Power of LegRes Syllabus)

G.R. No. 157036 June 9, 2004

1. Whether or not respondent Ebdane is authorized to issue the assailed Guidelines.

1. The Authority of the PNP Chief

2. Exercising Police Power

YES. Assuming petitioner’s PTCFOR constitutes a property right protected by the

According to the Court, to determine the validity of a police measure:

The was DISMISSED.

You might also like