G.R. No.

L-20740 June 30, 1964

BOLINAO ELECTRONICS CORPORATION, CHRONICLE BROADCASTING NETWORK, INC.,

and MONSERRAT BROADCASTING SYSTEM, INC., petitioners,
vs.
BRIGIDO VALENCIA, Secretary of the Department of Public Works and
Communications and ROBERT SAN ANDRES of the Radio Control Division, respondents.

FACTS:

Bolinao Electronics Corporation was the co-owner and a co-petitioner of Chronicle

Broadcasting Network, Inc. (CBN) and Montserrat Broadcasting System Inc. They
operate and own television (channel 9) and radio stations in the Philippines. They were
summoned by Brigido Valencia, then Secretary of Communications, for operating even
after their permit has expired. Valencia claimed that because of CBNs continued
operation sans license and their continuing operation had caused damages to his
department.

ISSUE:
Whether or not Valencia is entitled to claim for damages.

RULING AND DISCUSSION:

The SC ruled in the negative. Valencia failed to show that any right of his has been
violated by the refusal of CBN to cease operation. Further, the SC noted that as the
records show, the appropriation to operate the Philippine Broadcasting Service as
approved by Congress and incorporated in the 1962-1963 Budget of the Republic of the
Philippines does not allow appropriations for TV stations particularly in Luzon. Hence,
since there was no appropriation allotted then there can be no damage; and if there are
expenditures made by Valencias department they are in fact in violation of the law and
they cannot claim damages therefrom. And even if it is shown that the then president
vetoed this provision of the Budget Act, such veto is illegal because he may not legally
veto a condition attached to an appropriation or item in the appropriation bill.