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Acosta vs. Hon. Ochoa [SEPARATE CONCURRING AND DISSENTING OPINION, REYES JR., J.]

ERIC F. ACOSTA AND NATHANIEL G. DELA PAZ, PETITIONERS, VS. HON. PAQUITO N. OCHOA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. MANUEL A. ROXAS III, IN HIS CAPACITY AS SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT, POLICE DIRECTOR GENERAL ALAN LM. PURISIMA, IN HIS CAPACITY AS DIRECTOR GENERAL, PHILIPPINE NATIONAL POLICE, POLICE CHIEF SUPERINTENDENT MELITO M. MABILIN, IN HIS CAPACITY AS DIRECTOR, CIVIL SECURITY GROUP, PHILIPPINE NATIONAL POLICE, AND POLICE CHIEF SUPERINTENDENT LOUIE T. OPPUS, IN HIS CAPACITY AS CHIEF, FIREARMS AND EXPLOSIVES OFFICE, PHILIPPINE NATIONAL POLICE, RESPONDENTS. G.R. No. 211567 PROGUN (PEACEFUL RESPONSBILE OWNERS OF GUNS), INC., PETITIONER, VS. THE PHILIPPINE NATIONAL POLICE, RESPONDENT. G.R. No. 212570 GUNS AND AMMO DEALERS ASSOCIATION OF THE PHILIPPINES, INC., PETITIONER, VS. THE PHILIPPINE NATIONAL POLICE, PNP FIREARMS AND EXPLOSIVES OFFICE, AND PNP CIVIL SECURITY GROUP, RESPONDENTS. G.R. No. 215634 PROGUN (PEACEFUL RESPONSIBLE OWNERS OF GUNS), INC., PETITIONER, VS. THE PHILIPPINE NATIONAL POLICE, RESPONDENT.

G.R. No. 211559 | 2019-10-15

SEPARATE CONCURRING AND DISSENTING OPINION

REYES JR., J.:

The preservation of peace and order is a forefront duty of the State, however, no matter how noble the ends sought to be achieved may be, the State may not unnecessarily intrude upon the constitutional rights of its people.

As a brief background, the petitioners assail the constitutionality of some provisions of Republic Act (R.A.) No. 10591 otherwise known as, "An Act Providing for a Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations thereof" and its Implementing Rules and Regulations (IRR) for allegedly infringing upon their right to bear...