G.R. No. L-20768 November 29, 1968
ELISEO B. LEMI, petitioner, vs. BRIGIDO VALENCIA, Secretary of Public Works and Communications; ROBERTO M. SAN ANDRES, Chief, Radio Control Office; ALFREDO M. CARGO (supposedly agent of the Honorable Secretary of Public Works & Communications); HERACLIO SAN JUAN, Radio Regulation Inspector, Radio Control Office; CONRADO CAJATOR, Chairman, Presidential Anti-Graft Committee (PAGCOM) and agents, respondents.

FACTS

Petitioner Eliseo B. Lemi was authorized by Republic Act 1553 to construct, maintain and operate radio broadcasting and television stations. The Radio Control Office issued him License No. 5931 to operate radio station DZQR from May 24, 1960 to May 23, 1961. He applied for renewal on April 12, 1961, paying the fee, but the Radio Control Office took no action. He applied again on May 31, 1962 for the next period, paying the fee, but again received no action. He continued operating without interference, even receiving a letter from the Radio Control Office on December 7, 1962 requesting him to feature Christmas songs. On January 11, 1963, agents of the Secretary of Public Works and Communications, the Radio Control Office, and the Presidential Anti-Graft Committee, armed with a search warrant, seized the radio transmitter from station DZQR during broadcast on the pretext it lacked a name plate/serial number and was different from the authorized transmitter, violating the Radio Control Law. Lemi filed a petition for mandamus with preliminary injunction, praying for the return of the transmitter and an order directing the respondents to issue the renewal license. He averred the seizure was a wanton disregard of the law requiring a hearing before seizure, the search warrant was procured by misrepresentation, the transmitter was used with the respondents’ knowledge and consent, it was real property and not subject to seizure, and the action was inspired by vindictiveness due to critical commentaries aired on his station and his refusal to bar the commentator. He also claimed an inspection found his equipment in order and recommended license issuance, but respondents maliciously withheld the license. Respondents claimed the seizure was via a valid warrant as the transmitter was illegally installed, was powerful enough to transmit abroad, and a criminal charge was filed against Lemi. They averred the renewal application was filed late, mere fee payment does not constitute renewal, the license was withheld due to use of an unauthorized transmitter, and issuance involves discretion. They also contended Lemi failed to exhaust remedies (e.g., quash the warrant, appeal to the Secretary).

ISSUE

Is the petitioner entitled to the reliefs prayed for (i.e., a writ of mandamus for the return of the radio transmitter and for the issuance of his renewal license)?

RULING

Yes. The Supreme Court granted the petition. On the seizure, the Court found the search warrant was null and void because the affidavit for its issuance failed to allege that the radio transmitter was used in committing a crime, a statutory requirement. The seizure was therefore illegal, and mandamus lies to compel its return. On the renewal license, the Court held that while the Secretary has discretion to approve or disapprove a renewal application, this discretion must be exercised within a reasonable time. The Secretary’s inaction for an unreasonable length of time (from April 1961 to January 1963) amounted to a disapproval without the hearing required by law (Section 3(l) of Act 3846, as amended). This unlawful neglect of a duty specifically enjoined by law (to grant or deny the application within a reasonable time) justifies the issuance of a writ of mandamus to compel action. The Court rejected the exhaustion of remedies argument, noting that mandamus can be availed of even without exhausting administrative remedies when the duty is ministerial or when there has been an unreasonable delay in acting on an application. The Court also issued a preliminary mandatory injunction for the return of the transmitter upon the filing of a bond.