FRANCISCO I. CHAVEZ, petitioner vs. HON. ALBERTO G. ROMULO, IN HIS CAPACITY AS EXECUTIVE SECRETARY; DIRECTOR GENERAL HERMOGENES E.

EBDANE, JR., IN HIS CAPACITY AS THE CHIEF OF THE PNP, et al., respondents G.R. No. 157 !". J#$% &, ' ( 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" issued by respondent #ermogenes $% $bdane& 'r%& Chief of the Philippine (ational Police !P(P"% Petitioner Francisco I% Cha)e*& a licensed gun o+ner to +hom a P,CFOR has been issued& re-uested the .I/G to reconsider the implementation of the assailed Guidelines% #o+e)er& his re-uest +as denied% ,hus& he filed the present petition impleading public respondents $bdane& as Chief of P(P0 1lberto G% Romulo& as $2ecuti)e 3ecretary0 and Gerry /% Barias& as Chief of the P(P4Firearms and $2plosi)es .i)ision% Issues: 5% +hether respondent $bdane is authori*ed to issue the assailed Guidelines0 6% +hether the issuance of the assailed Guidelines is a )alid e2ercise of police po+er70 Ruling: 1. Authority of the PNP Chief It is true that under our constitutional system& the po+ers of go)ernment are distributed among three coordinate and substantially independent departments8 the legislati)e& the e2ecuti)e and the judiciary% $ach has e2clusi)e cogni*ance of the matters +ithin its jurisdiction and is supreme +ithin its o+n sphere% ,he po+er to make la+s 9 the legislati)e po+er 9 is )ested in Congress% 1ny attempt to abdicate the po+er is unconstitutional and )oid& on the principle that delegata potestas non potest delegari 9 delegated po+er may not be delegated% ,he rule +hich forbids the delegation of legislati)e po+er& )o*%+%,, -. $o/ 01.o2#/% 0$3 -$42%5-12%. I/ 036-/. o4 %57%8/-o$.% 1n e2ception sanctioned by immemorial practice permits the legislati)e body to delegate its licensing po+er to certain persons& municipal corporations& to+ns& boards& councils& commissions& commissioners& auditors& bureaus and directors% 3uch licensing po+er includes the po+er to promulgate necessary rules and regulations% 1ct (o% 5:;< delegated upon the Go)ernor4General !no+ the President" the authority !5" to appro)e or disappro)e applications of any person for a license to deal in firearms or to possess the same for personal protection& hunting and other la+ful purposes0 and !6" to re)oke such license any time% Further& it authori*ed him to issue regulations +hich he may deem necessary for the proper enforcement of the 1ct% By )irtue of Republic 1ct (o% =>:?& the P(P absorbed the Philippine Constabulary !PC"% Conse-uently& /)% PNP C)-%4 .#77%%3%3 /)% C)-%4 o4 /)% Co$./01#20,9 0$3, /)%,%4o,%, 0..#6%3 /)% 20//%,:. 2-7%$.-$; 0#/)o,-/9. 3ection 6@ thereof specifies& as one of P(PAs po+ers& the issuance of licenses for the possession of firearms and e2plosi)es in accordance +ith la+% ,his is in conjunction +ith the P(P ChiefAs po+er to issue detailed implementing policies and instructions on such matters as may be necessary to effecti)ely carry out the functions& po+ers and duties of the P(P% 2. Police Power 1t any rate& assuming that petitionerAs P,CFOR constitutes a property right protected by the Constitution& /)% .06% 70$$o/ 1% 7o$.-3%,%3 0. 01.o2#/% 0. /o 1% 8207%3 1%9o$3 /)% ,%07) o4 /)% S/0/%:. 8o2-7% 8o*%,. A22 8,o8%,/9 -$ /)% ./0/% -. )%23 .#1<%7/ /o -/. ;%$%,02 ,%;#20/-o$., $%7%..0,9 /o /)% 7o66o$ ;oo3 0$3 ;%$%,02 *%240,%. ,he Court laid do+n the test to determine the )alidity of a police measure& thus8 !5" ,he interests of the public generally& as distinguished from those of a particular class& re-uire the e2ercise of the police po+er0 and !6" ,he means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressi)e upon indi)iduals%

It is apparent from the assailed Guidelines that /)% 10.-. 4o, -/. -..#0$7% *0. /)% $%%3 4o, 8%07% 0$3 o,3%, -$ /)% .o7-%/9. O+ing to the proliferation of crimes& particularly those committed by the (e+ PeopleAs 1rmy !(P1"& +hich tends to disturb the peace of the community& President 1rroyo deemed it best to impose a nation+ide gun ban% Bndeniably& the moti)ating factor in the issuance of the assailed Guidelines is the interest of the public in general% ,he only -uestion that can then arise is *)%/)%, /)% 6%0$. %682o9%3 0,% 088,o8,-0/% 0$3 ,%0.o$0129 $%7%..0,9 4o, /)% 077o682-.)6%$/ o4 /)% 8#,8o.% 0$3 0,% $o/ #$3#29 o88,%..-+%% In the instant case& /)% 0..0-2%3 G#-3%2-$%. 3o $o/ %$/-,%29 8,o)-1-/ 8o..%..-o$ o4 4-,%0,6.. =)0/ /)%9 8,o.7,-1% -. 6%,%29 /)% 70,,9-$; o4 4-,%0,6. o#/.-3% o4 ,%.-3%$7%% #o+e)er& those +ho +ish to carry their firearms outside of their residences may re4apply for a ne+ P,CFOR% ,his is a reasonable regulation% If the carrying of firearms is regulated& necessarily& crime incidents +ill be curtailed% Criminals carry their +eapon to hunt for their )ictims0 they do not +ait in the comfort of their homes% Cith the re)ocation of all P,CFOR& it +ould be difficult for criminals to roam around +ith their guns% On the other hand& it +ould be easier for the P(P to apprehend them% ,he petition is hereby .I3DI33$.%