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Chavez v. Romulo, GR 157036, 9 June 2004, En Banc, Sandoval-Gutierrez [J]
Whether the revocation of petitioner’s PTCFOR pursuant to the assailed Guidelines is a violation of his right to property - NO
No, petitioner cannot find solace to the above-quoted Constitutional provision. In evaluating a due process claim, the first and foremost consideration must be whether life, liberty or property interest exists. The bulk of jurisprudence is that a license authorizing a person to enjoy a certain privilege is neither a property nor property right. In Tan vs. The Director of Forestry, the Court ruled that “a license is merely a permit or privilege to do what otherwise would be unlawful, and is not a contract between the authority granting it and the person to whom it is granted; neither is it property or a property right, nor does it create a vested right.” In a more emphatic pronouncement, it was held in Oposa vs. Factoran, Jr. that: “Needless to say, all licenses may thus be revoked or rescinded by executive action. It is not a contract, property or a property right protected by the due process clause of the Constitution.”
Consequently, a PTCFOR, just like ordinary licenses in other regulated fields, may be revoked any time. It does not confer an absolute right, but only a personal privilege to be exercised under existing restrictions, and such as may thereafter be reasonably imposed.