Under RA 10591, firearm license revocation is governed by Section 39, which specifies only two grounds: criminal conviction under Section 39B and court order under Section 39J; Section 4G, which lists qualifications for license issuance, cannot be transposed as grounds for revocation, and pending cases are not included in the statutory enumeration for revocation.
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Torreon: Motion for reconsideration to be filed vs revocation of Bato’s gun licenses | StoryconAdded:
The [snorts] revocation by the PNP of 118 gun licenses and all.
First, we confirm that, no.
It was received by my associate attorney Ian Pajaro. And we confirm that only that we have we would like to uh uh politely remind lang Of course, there are two versions na naman dito. They cited as ground section 4G of RA 10591.
Continuing requirements daw 'yung uh nakasaad doon sa section 4G na dapat walang kaso, etc., etc. is very clear. Section 4G enumerates the qualifications of the applicants for issuance of firearm license. The grounds for revocation is stated under section 39. And if you read section 39, it specifically states grounds for revocation.
You could not transpose section 4G as to be part of section 39. They are clearly differentiated by the law. So, therefore, um the implementing agency should likewise differentiate it and not consider it as uh uh as included under section 39. Under section 39, there are only two grounds there, section 39B and section 39G uh J rather, the last ground, uh which are criminal law grounds, conviction. There must be court conviction, Philippine court conviction under section 39B, and a court order, Philippine court order under section 39J. None of which under section 39. In In enumeration In the enumeration, I We teach our law students inclusio unius est exclusio alterius. What is not included in the enumeration, it is excluded. Wala pong nakasaad doon na pag meron kang kaso sa International Court, ay i-revoke po yung licenses nila. So, yun po ang aming ground po na. So, we are preparing, as a matter of fact, tapos na po yung aming motion for reconsideration, but then again, makikita mo na namin ito sa aming mga kaibigan mga abogado baka meron din silang ma-contribute. Otherwise, ipa-file na po namin ito soonest.
>> So, sir, you're filing a motion for reconsideration against the cancellation of the firearms permits. You're >> Yes.
>> You're not filing a a restraining order against the cancellation or or something to that effect.
>> No, no, no. We have to exhaust administrative remedies po. Why? If we file it right away in court, it might be dismissed for failure to exhaust administrative remedies. So, we have to file an MR and then raise it up before we can go to courts. In the meantime, since the grounds are not present, so we will exhaust our administrative remedies po.
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