04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
Needless to say, all licenses may thus be revoked or rescinded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.
In Tan vs. Director of Forestry, [125 SCRA 302, 325 (1983)]
this Court held:
"x x x A timber license is an instrument by which
the State regulates the utilization and disposition of
forest resources to the end that public welfare is
promoted. A timber license is not a contract within
the purview of the due process clause; it is only a
license or privilege, which can be validly withdrawn
whenever dictated by public interest or public
welfare as in this case.
"A license is merely a permit or privilege to do what
otherwise would be unlawful, and is not a contract
between the authority, federal, state, or municipal,
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; nor is it taxation (37 C.J.
168). Thus, this Court held that the granting of
license does not create irrevocable rights, neither is
it property or property rights. (People vs. Ong Tin,
54 O.G. 7576). x x x"
We reiterated this pronouncement in Felipe Ysmael, Jr. & Co.,
Inc. vs. Deputy Executive Secretary [190 SCRA 673, 684
(1990):
"x x x Timber licenses, permits and license
agreements are the principal instruments by which
the State regulates the utilization and disposition of
forest resources to the end that public welfare is
promoted. And it can hardly be gainsaid that they
merely evidence a privilege granted by the State to
qualified entities, and do not vest in the latter a
permanent or irrevocable right to the particular
concession area and the forest products therein.
They may be validly amended, modified, replaced
or rescinded by the Chief Executive when national
interests so require. Thus, they are not deemed
contracts within the purview of the due process of
law clause. [See Sections 3(ee) and 20 of Pres.
Decree No. 705, as amended. Also, Tan v. Director
of Forestry, G.R. No. L-24548, October 27, 1983,
125 SCRA 302]."
Since timber licenses are not contracts, the non-impairment
clause, which reads:
"SEC. 10. No law impairing, the obligation of
contracts shall be passed."
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/46832
11/16