[G.R. No. 157036.

June 9, 2004]
FRANCISCO I. CHAVE, !e"#"#one$, %&. HON. A'(ER)O G. RO*+'O, IN HIS
CA,ACI)- AS E.EC+)IVE SECRE)AR-/ 0IREC)OR GENERA' HER*OGENES E.
E(0ANE, JR., IN HIS CA,ACI)- AS )HE CHIEF OF )HE ,N,, e" 12.,
$e&!on3en"&.
0 E C I S I O N
SAN0OVA'4G+)IERRE, J.5
FAC)S5
In January 2003, President Gloria Macapagal-Arroyo delivered a speech before the
ebers of the P!P stressing the need for a nation"ide gun ban in all public places
to avert the rising crie incidents# $he directed the then P!P %hief, respondent
&bdane, to suspend the issuance of Perits to %arry 'irears (utside of )esidence
*P+%'(),, thus-
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P&)MI+ +( %A))2 'I)&A)M$ I! P/31I% P1A%&$# +.& I$$/A!%& (' P&)MI+$ 4I11
!(4 3& 1IMI+&0 (!12 +( (4!&)$.IP A!0 P($$&$$I(! (' G/!$ A!0 !(+ +(
%A))2I!G +.&M I! P/31I% P1A%&$# ')(M !(4 (!, (!12 +.& /!I'()M&0 M&! I!
+.& MI1I+A)2 A!0 A/+.()I5&0 1A4 &!'()%&M&!+ (''I%&)$ %A! %A))2
'I)&A)M$ I! P/31I% P1A%&$, A!0 (!12 P/)$/A!+ +( &6I$+I!G 1A4# %I7I1IA!
(4!&)$ MA2 !( 1(!G&) 3)I!G +.&I) 'I)&A)M$ (/+$I0& +.&I) )&$I0&!%&$#
+.($& 4.( 4A!+ +( /$& +.&I) G/!$ '() +A)G&+ P)A%+I%& 4I11 3& GI7&!
$P&%IA1 A!0 +&MP()A)2 P&)MI+$ ')(M +IM& +( +IM& (!12 '() +.A+ P/)P($&#
A!0 +.&2 MA2 !(+ 1(A0 +.&I) G/!$ 4I+. 3/11&+$ /!+I1 +.&2 A)& I! +.&
P)&MI$&$ (' +.& 'I)I!G )A!G&#
Acting on President Arroyo8s directive, respondent &bdane issued the assailed
Guidelines 9uoted as follo"s-
:+( - All %oncerned
')(M - %hief, P!P
$/3J&%+ - Guidelines in the Ipleentation of the 3an on the %arrying of
'irears (utside of )esidence#
0A+& - January 3;, 2003
;# )eference- P0 ;<== dated June 2>, ;><3 and its Ipleenting )ules and
)egulations#
2# General-
+he possession and carrying of ?rears outside of residence is a privilege granted
by the $tate to its citi@ens for their individual protection against all threats of
la"lessness and security#
As a rule, persons "ho are la"ful holders of ?rears *regular license, special perit,
certi?cate of registration or M), are prohibited fro carrying their ?rears outside
of residence# .o"ever, the %hief, Philippine !ational Police ay, in eritorious
cases as deterined by hi and under conditions as he ay ipose, authori@e such
person or persons to carry ?rears outside of residence#
3# Purposes-
+his Meorandu prescribes the guidelines in the ipleentation of the ban on
the carrying of ?rears outside of residence as provided for in the Ipleenting
)ules and )egulations, Presidential 0ecree !o# ;<==, dated June 2>, ;><3 and as
directed by PGMA# It also prescribes the conditions, re9uireents and procedures
under "hich eAeption fro the ban ay be granted#
B# $peci?c Instructions on the 3an on the %arrying of 'irears-
a# All P+%'() are hereby revoCed# Authori@ed holders of licensed ?rears
covered "ith valid P+%'() ay re-apply for a ne" P+%'() in accordance "ith the
conditions hereinafter prescribed#
b# All holders of licensed or governent ?rears are hereby prohibited fro
carrying their ?rears outside their residence eAcept those covered "ith
issionDletter orders and duty detail orders issued by copetent authority pursuant
to $ection E, I)), P0 ;<==, provided, that the said eAception shall pertain only to
organic and regular eployees#
E# +he follo"ing persons ay be authori@ed to carry ?rears outside of
residence#
a# All persons "hose application for a ne" P+%'() has been approved,
provided, that the persons and security of those so authori@ed are under actual
threat, or by the nature of their position, occupation and profession are under
iinent danger#
b# All organic and regular eployees "ith MissionD1etter (rders granted by their
respective agencies so authori@ed pursuant to $ection E, I)), P0 ;<==, provided,
that such MissionD1etter (rders is valid only for the duration of the oFcial ission
"hich in no case shall be ore than ten *;0, days#
c# All guards covered "ith 0uty 0etail (rders granted by their respective
security agencies so authori@ed pursuant to $ection B, I)), P0 ;<==, provided, that
such 00( shall in no case eAceed 2B-hour duration#
d# Mebers of duly recogni@ed Gun %lubs issued Perit to +ransport *P++, by
the P!P for purposes of practice and copetition, provided, that such ?rears "hile
in transit ust not be loaded "ith aunition and secured in an appropriate boA or
case detached fro the person#
e# Authori@ed ebers of the 0iploatic %orps#
=# )e9uireents for issuance of ne" P+%'()-
a# 4ritten re9uest by the applicant addressed to %hief, P!P stating his
9uali?cation to possess ?rear and the reasons "hy he needs to carry ?rear
outside of residence#
b# 6eroA copy of current ?rear license duly authenticated by )ecords 3ranch,
'&0G
c# Proof of actual threat, the details of "hich should be issued by the %hief of
PoliceDProvincial or %ity 0irectors and duly validated by %, )II0G
d# %opy of 0rug +est %learance, duly authenticated by the 0rug +esting %enter,
if photocopiedG
e# %opy of 0ID )II0 clearance, duly authenticated by (0ID)II0, if photocopiedG
f# %opy of !euro-Psychiatric %learance duly authenticated by !P +esting %enter,
if photocopiedG
g# %opy of %erti?cate of Attendance to a Gun $afety $einar, duly validated by
%hief, (perations 3ranch, '&0G
h# !3I %learanceG
i# +"o *2, I0 pictures *2H A 2H, taCen not earlier than one *;, year fro date of
?ling of applicationG and
I# Proof of Payent
J# Procedures-
a# Applications ay be ?led directly to the (Fce of the P+%'() $ecretariat in
%ap %rae# In the provinces, the applications ay also be subitted to the Police
)egional (Fces *P)(s, and ProvincialD%ity Police (Fces *PD%P(s, for initial
processing before they are for"arded to the oFce of the P+%'() $ecretariat# +he
processors, after ascertaining that the docuentary re9uireents are in order, shall
issue the (rder of Payent *(P, indicating the aount of fees payable by the
applicant, "ho in turn shall pay the fees to the 1and 3anC#
b# Applications, "hich are duly processed and prepared in accordance "ith
eAisting rules and regulations, shall be for"arded to the (%P!P for approval#
c# /pon approval of the application, (%P!P "ill issue P+%'() valid for one *;,
year fro date of issue#
d# Applications for rene"al of P+%'() shall be processed in accordance "ith the
provisions of par# = above#
e# Application for possession and carrying of ?rears by diploats in the
Philippines shall be processed in accordance "ith !.K P!P Meo dated $epteber
2E, 2000, "ith $ubI- Possession and %arrying of 'irears by 0iploats in the
Philippines#
<# )estrictions in the %arrying of 'irears-
a# +he ?rear ust not be displayed or eAposed to public vie", eAcept those
authori@ed in unifor and in the perforance of their oFcial duties#
b# +he ?rear shall not be brought inside public drinCing and auseent
places, and all other coercial or public establishents#H
Petitioner 'rancisco I# %have@, a licensed gun o"ner to "ho a P+%'() has been
issued, re9uested the 0epartent of Interior and 1ocal Governent *0I1G, to
reconsider the ipleentation of the assailed Guidelines# .o"ever, his re9uest "as
denied# +hus, he ?led the present petition ipleading public respondents &bdane,
as %hief of P!PG Alberto G# )oulo, as &Aecutive $ecretaryG and Gerry 1# 3arias, as
%hief of the P!P-'irears and &Aplosives 0ivision#
+he $olicitor General seeCs the disissal of the petition pursuant to the doctrine of
hierarchy of courts# !onetheless, in refutation of petitioner8s arguents, he
contends that- *;, the P!P %hief is authori@ed to issue the assailed GuidelinesG *2,
petitioner does not have a constitutional right to o"n and carry ?rearsG *3, the
assailed Guidelines do not violate the due process clause of the %onstitutionG and
*B, the assailed Guidelines do not constitute an eA post facto la"#
ISS+E5
4hether the issuance of the assailed Guidelines is a valid eAercise of police po"er
HE'0-
4.&)&'()&, the petition is hereby 0I$MI$$&0#
Au"6o$#"7 o8 "6e ,N, C6#e8
It is true that under our constitutional syste, the po"ers of governent are
distributed aong three coordinate and substantially independent departents- the
legislative, the eAecutive and the Iudiciary# &ach has eAclusive cogni@ance of the
atters "ithin its Iurisdiction and is supree "ithin its o"n sphere#
Pertinently, the po"er to aCe la"s L the legislative po"er L is vested in %ongress#
%ongress ay not escape its duties and responsibilities by delegating that po"er to
any other body or authority# Any attept to abdicate the po"er is unconstitutional
and void, on the principle that :delegata potestas non potest delegariH L :delegated
po"er ay not be delegated#H
+he rule "hich forbids the delegation of legislative po"er, ho"ever, is not absolute
and inMeAible# It adits of eAceptions# An eAception sanctioned by ieorial
practice perits the legislative body to delegate its licensing po"er to certain
persons, unicipal corporations, to"ns, boards, councils, coissions,
coissioners, auditors, bureaus and directors# $uch licensing po"er includes the
po"er to proulgate necessary rules and regulations#
+he evolution of our la"s on ?rears sho"s that since the early days of our
)epublic, the legislature8s tendency "as al"ays to"ards the delegation of po"er#
Act !o# ;J<0, N>O delegated upon the Governor-General *no" the President, the
authority *;, to approve or disapprove applications of any person for a license to
deal in ?rears or to possess the sae for personal protection, hunting and other
la"ful purposesG and *2, to revoCe such license any tie# N;0O 'urther, it authori@ed
hi to issue regulations "hich he ay dee necessary for the proper enforceent
of the Act# N;;O 4ith the enactent of Act !o# 2J;;, the :)evised Adinistrative
%ode of ;>;J,H the la"s on ?rears "ere integrated# N;2O +he Act retained the
authority of the Governor General provided in Act !o# ;J<0# $ubse9uently, the
gro"ing copleAity in the (Fce of the Governor-General resulted in the delegation
of his authority to the %hief of the %onstabulary# (n January 2;, ;>;>, Acting
Governor-General %harles &# 2eater issued &Aecutive (rder !o# < authori@ing and
directing the %hief of %onstabulary to act on his behalf in approving and
disapproving applications for personal, special and hunting licenses# +his "as
follo"ed by &Aecutive (rder !o# =; designating the Philippine %onstabulary *P%, as
the governent custodian of all ?rears, aunitions and eAplosives# &Aecutive
(rder !o# 2;E, N;EO issued by President 0iosdado Macapagal on 0eceber 3, ;>=E,
granted the %hief of the %onstabulary, not only the authority to approve or
disapprove applications for personal, special and hunting license, but also the
authority to revoCe the sae# 4ith the foregoing developents, it is accurate to
say that the %hief of the %onstabulary had eAercised the authority for a long tie#
In fact, subse9uent issuances such as $ections 2 and 3 of the Ipleenting )ules
and )egulations of Presidential 0ecree !o# ;<== N;=O perpetuate such authority of
the %hief of the %onstabulary# $ection 2 speci?cally provides that any person or
entity desiring to possess any ?rear :shall ?rst secure the necessary
peritDlicenseDauthority fro the %hief of the %onstabulary#H 4ith regard to the
issuance of P+%'(), $ection 3 iparts- :+he %hief of %onstabulary ay, in
eritorious cases as deterined by hi and under such conditions as he ay
ipose, authori@e la"ful holders of ?rears to carry the outside of residence#H
+hese provisions are issued pursuant to the general po"er granted by P#0# !o# ;<==
epo"ering hi to proulgate rules and regulations for the ePective
ipleentation of the decree# At this Iuncture, it bears ephasis that P#0# !o# ;<==
is the chief la" governing possession of ?rears in the Philippines and that it "as
issued by President 'erdinand &# Marcos in the eAercise of his legislative po"er#
In an attept to evade the application of the above-entioned la"s and
regulations, petitioner argues that the :%hief of the P!PH is not the sae as the
:%hief of the %onstabulary,H the P% being a ere unit or coponent of the ne"ly
established P!P# .e contends further that )epublic Act !o# <2>B aended P#0# !o#
;<== such that the authority to issue rules and regulations regarding ?rears is
no" Iointly vested in the 0epartent of Justice and the 0I1G, not the %hief of the
%onstabulary#
Petitioner8s subission is bereft of erit#
3y virtue of )epublic Act !o# =>JE, the Philippine !ational Police *P!P, absorbed
the Philippine %onstabulary *P%,# %onse9uently, the P!P %hief succeeded the %hief
of the %onstabulary and, therefore, assued the latter8s licensing authority# $ection
2B thereof speci?es, as one of P!P8s po"ers, the issuance of licenses for the
possession of ?rears and eAplosives in accordance "ith la"# +his is in conIunction
"ith the P!P %hief8s :po"er to issue detailed ipleenting policies and
instructionsH on such :atters as ay be necessary to ePectively carry out the
functions, po"ers and dutiesH of the P!P#
%ontrary to petitioner8s contention, )#A# !o# <2>B does not divest the %hief of the
%onstabulary *no" the P!P %hief, of his authority to proulgate rules and
regulations for the ePective ipleentation of P#0# !o# ;<==# 'or one, )#A# !o#
<2>B did not repeal entirely P#0# !o# ;<==# It erely provides for the reduction of
penalties for illegal possession of ?rears# +hus, the provision of P#0# !o# ;<==
granting to the %hief of the %onstabulary the authority to issue rules and
regulations regarding ?rears reains ePective# %orrespondingly, the
Ipleenting )ules and )egulations dated $epteber ;E, ;>>J Iointly issued by
the 0epartent of Justice and the 0I1G pursuant to $ection = of )#A# !o# <2>B deal
only "ith the autoatic revie", by the 0irector of the 3ureau of %orrections or the
4arden of a provincial or city Iail, of the records of convicts for violations of P#0# !o#
;<==# +he )ules seeC to give ePect to the bene?cent provisions of )#A# !o# <2>B,
thereby ensuring the early release and reintegration of the convicts into the
counity#
%learly, both P#0# !o# ;<== and )#A# !o# =>JE authori@e the P!P %hief to issue the
assailed guidelines#
%orollarily, petitioner disputes President Arroyo8s declaration of a nation"ide gun
ban, arguing that :she has no authority to alter, odify, or aend the la" on
?rears through a ere speech#H
'irst, it ust be ephasi@ed that President Arroyo8s speech "as Iust an eApression
of her policy and a directive to her subordinate# It cannot, therefore, be argued that
President Arroyo enacted a la" through a ere speech#
$econd, at the apeA of the entire eAecutive oFcialdo is the President# $ection ;J,
Article 7II of the %onstitution speci?es his po"er as %hief &Aecutive, thus- :+he
President shall have control of all the eAecutive departents, bureaus and oFces#
.e shall ensure that the la"s be faithfully eAecuted#H As %hief &Aecutive, President
Arroyo holds the steering "heel that controls the course of her governent# $he
lays do"n policies in the eAecution of her plans and progras# 4hatever policy she
chooses, she has her subordinates to ipleent the# In short, she has the po"er
of control# 4henever a speci?c function is entrusted by la" or regulation to her
subordinate, she ay act directly or erely direct the perforance of a duty# N2BO
+hus, "hen President Arroyo directed respondent &bdane to suspend the issuance
of P+%'(), she "as Iust directing a subordinate to perfor an assigned duty# $uch
act is "ell "ithin the prerogative of her oFce#
,o2#9e ,o:e$
At any rate, assuing that petitioner8s P+%'() constitutes a property right
protected by the %onstitution, the sae cannot be considered as absolute as to be
placed beyond the reach of the $tate8s police po"er# All property in the state is held
subIect to its general regulations, necessary to the coon good and general
"elfare#
In a nuber of cases, "e laid do"n the test to deterine the validity of a police
easure, thus-
*;, +he interests of the public generally, as distinguished fro those of a
particular class, re9uire the eAercise of the police po"erG and
*2, +he eans eployed are reasonably necessary for the accoplishent of
the purpose and not unduly oppressive upon individuals#
0eeper reMection "ill reveal that the test erely reiterates the essence of the
constitutional guarantees of substantive due process, e9ual protection, and non-
ipairent of property rights#
It is apparent fro the assailed Guidelines that the basis for its issuance "as the
need for peace and order in the society# ("ing to the proliferation of cries,
particularly those coitted by the !e" People8s Ary *!PA,, "hich tends to
disturb the peace of the counity, President Arroyo deeed it best to ipose a
nation"ide gun ban# /ndeniably, the otivating factor in the issuance of the
assailed Guidelines is the interest of the public in general#
+he only 9uestion that can then arise is "hether the eans eployed are
appropriate and reasonably necessary for the accoplishent of the purpose and
are not unduly oppressive# In the instant case, the assailed Guidelines do not
entirely prohibit possession of ?rears# 4hat they proscribe is erely the carrying
of ?rears outside of residence# .o"ever, those "ho "ish to carry their ?rears
outside of their residences ay re-apply for a ne" P+%'()# +his "e believe is a
reasonable regulation# If the carrying of ?rears is regulated, necessarily, crie
incidents "ill be curtailed# %riinals carry their "eapon to hunt for their victisG
they do not "ait in the cofort of their hoes# 4ith the revocation of all P+%'(), it
"ould be diFcult for criinals to roa around "ith their guns# (n the other hand, it
"ould be easier for the P!P to apprehend the#
!otably, la"s regulating the ac9uisition or possession of guns have fre9uently been
upheld as reasonable eAercise of the police po"er# NBEO In $tate vs# )eas, NB=O it
"as held that the legislature ay regulate the right to bear ars in a anner
conducive to the public peace# 4ith the prootion of public peace as its obIective
and the revocation of all P+%'() as the eans, "e are convinced that the issuance
of the assailed Guidelines constitutes a reasonable eAercise of police po"er# +he
ruling in /nited $tates vs# 7illareal, NBJO is relevant, thus-
:4e thinC there can be no 9uestion as to the reasonableness of a statutory
regulation prohibiting the carrying of concealed "eapons as a police easure "ell
calculated to restrict the too fre9uent resort to such "eapons in oents of anger
and eAciteent# 4e do not doubt that the strict enforceent of such a regulation
"ould tend to increase the security of life and lib, and to suppress crie and
la"lessness, in any counity "herein the practice of carrying concealed "eapons
prevails, and this "ithout being unduly oppressive upon the individual o"ners of
these "eapons# It follo"s that its enactent by the legislature is a proper and
legitiate eAercise of the police po"er of the state#H