PROGUN files case in Supreme Court
Today PROGUN filed a petition in the Philippine Supreme Court petitioning for the annulment of several gun licensing policies of the Philippine government. The Philippine National Police ("PNP"), as the implementing agency of the firearms law RA 10591, was named as a respondent. The filing of this case is after a long period of unsuccesfully exhausting all remedies to meet and deal with the president and the PNP, who failed to heed our calls for changes to the system which has been hurting gun owners and dealers. Three core issues were raised in the petition, particularly:
- The centralization of gun licensing and renewal at PNP Headquarters at Quezon City. PROGUN seeks to set aside this policy as being a grave abuse of discretion, unjust, oppressive, and a violation of fundamental fairness and substantial due process
- The Flawed courier service that is being used to deliver approved firearms licenses as being a fraud and a deprivation of the licensed gun owner of the use of the said licenses for its full term pending it's delivery which could take over a year, or could never arrive, and deprivation of the use of the license for ancillary purposes such as permit to transport and to carry.
- The compulsion of gun license applicants for registration to sign "waivers and consent" for the police to enter into their homes and dwelling places as being a violation of Art. 3 Sec. 2 of the Constitution against unlawful searches and seizures.
The PROGUN petition likewise seeks a temporary restraining order from the Supreme Court to maintain the status quo ante and temporarily revert back to the original licensing system, and continue to enforce the same pending the capability of the PNP to cope with the changes required in the new law. It is widely noted that the PNP as yet does NOT have the infrastructure or system to fully implement its new implementing rules and regulations of RA 10591. PROGUN is being supported in this case by the Gun Dealers Association of the Philippines who have reported zeros sales for the past few months due to the fact that no licenses are being approved by the PNP.
The PROGUN petition excluded individual persons in government as respondents inasmuch as PROGUN seeks to argue the issues and not personalities involved.
Having raised Constitutional issues the case will now go up to the Court En Banc, with the Chief Justice presiding for discussion on whether or not a TRO may be issued, prior to its raffle to a division for study and decision.