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Republic Acts

Republic Act No. 1121

PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY

REPUBLIC ACTS




REPUBLIC ACT NO. 1121
REPUBLIC ACT NO. 1121 - AN ACT GRANTING THE PHILIPPINE STANDARD PRODUCTS CO,. INC., A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A RADIO BROADCASTING STATION IN MANILA, PHILIPPINES

Section 1. Subject to the provisions of the Constitutions, as well as of Act Numbered Three Thousand eight hundred forty-six, entitled An Act providing for the regulation of radio stations and radio communications in the Philippines Islands, and for other purposes; Act Numbered Three thousand nine hundred ninety-seven, known as the Radio Broadcasting Law; Commonwealth Act Numbered One hundred forty-six, known as the Public Service Act, and their amendments, and other applicable laws, there is hereby granted to the Philippine Standard Products Co., Inc., hereinafter referred to as the "grantee" a franchise to construct, maintain and operate in Manila, Philippines and in such other places as may be selected by the grantee, subject to the approval of the Secretary of Public Works and Communications, a radio broadcasting station or stations; Provided, that the holder of the franchise herein granted shall start the operation thereof within two years from the approval of said franchise. Failure to comply with this requirement shall ipso facto cancel and void the franchise.cralaw

Sec. 2. This franchise shall continue for a period of twenty-five years, renewable upon expiration.

Sec. 3. (a) This franchise shall not take effect nor shall any powers thereunder be exercised by the grantee until the Secretary of Public Works and Communications shall have allotted to the grantee the frequencies and wave lengths to be used thereunder and determined the stations to and from which each such frequency and wave length may be used, and issued to the grantee a license for such use.cralaw

(b) The Secretary of Public Works and Communications, on reasonable notice to the grantee, may at any time change, or cancel, or modify, in whole or in part, any or all of the allotments of frequencies or wave lengths to be used. He may take such action: (1) whenever in his judgment such frequencies and wave lengths have been used, or there is danger that they will be used by the grantee to impair electrical communications, or stifle competition, or to obtain a monopoly in electrical communications, or to secure unreasonable rates for such communication, or otherwise to violate the laws or public policy of the Republic of the Philippines; (2) whenever in his judgment the public interests of the Philippines require that such frequencies or wave lengths should be used for other purposes than those of the grantee, either by the Government of the Philippines or by other individuals or corporations licensed by it; (3) whenever in his judgment for any reason the public interests of the Philippines so require.cralaw

(c) The Secretary of Public Works and Communications is authorized to appoint, employ or make use of such boards, to commissions, or agents as in his discretion he may select, to investigate, and determine the facts upon which he may act as aforesaid, and such boards, commissions, or agents shall have the right by compulsory process of subpoena, to summon witnesses, administer oaths, and take evidence.

Sec. 4. The stations of the grantee shall be so constructed and operated as to effect a minimum of interference with the wave lengths selected with a view to avoiding interference with existing stations and to permit the expansion of the grantee's service.cralaw

Sec. 5. A special right is reserved to the Government of the Republic of the Philippines, in time of war, insurrection, or public disorder to take over and operate the said stations upon order and discretion of the President of the Philippines.cralaw

Sec. 6. The right is hereby reserved to the Government of the Philippines, through the Public Service Commission, or such other office as may be thereunto duly authorized, to fix the maximum and minimum rates to be charged by the grantee.cralaw

Sec. 7. (a) The grantee shall be liable to pay the same taxes on its real estate, buildings, and personal property, exclusive of the temporary permit, as other persons or corporations are now or hereafter may be required by law to pay.cralaw

(b) The grantee shall further be liable to pay all other taxes under the National Internal Revenue Code by reason of this franchise.cralaw

Sec. 8. The grantee shall hold the National, provincial and municipal governments of the Philippines harmless from all claims, accounts, demands, or actions arising out of accidents or injuries, whether to property or to persons, caused by the construction or operation of the stations of the grantee.cralaw

Sec. 9. No private property shall be taken for any purposes by the grantee without proper condemnation proceedings and just compensation paid or tendered therefore, and any authority to take and occupy land contained herein, shall not apply to the taking, use, or occupation of any land except such as required for the actual necessary purposes for which this franchise is granted.cralaw

Section 10. It shall be unlawful for the grantee to use, employ, or contract, for the labor of persons held in involuntary servitude.cralaw

Section 11. The franchise hereby granted shall be subject to amendment, alteration, or repeal by the Congress of the Philippines, and the right to use or occupy public property and places hereby granted shall revert to the respective governments, upon the termination of this temporary permit, by repeal or by forfeiture, or expiration in the due course.cralaw

Section 12. As a condition of the granting of this franchise the grantee shall execute a bond in favor of the Government of the Philippines, in the sum of ten thousand pesos in form and with securities satisfactory to the Secretary of Public Works and Communications, conditioned upon the faithful performance of the grantee's obligations hereunder during the first three years of the life of this franchise. If, after three years from the date of acceptance of this franchise, the grantee shall have fulfilled the same, the bond aforesaid shall be cancelled by the Secretary of Public Works and Communications.cralaw

Section 13. Acceptance of this franchise shall be given in writing within six months after approval of this Act. When so accepted by the grantee and upon the approval of the bond aforesaid by the Secretary of Public Works and Communications the grantee shall be empowered to exercise the privileges granted thereby.cralaw

Section 14. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this temporary permit nor the rights and privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any company or corporations organized for the same purpose, without the approval of the Congress of the Philippines first had. Any corporation to which this franchise may be sold, transferred, or assigned, shall be subject to the corporation laws of the Philippines now existing or which may hereafter be enacted, and any person, firm, company, corporation or other commercial or legal entity to which this franchise is sold, transferred, or assigned shall subject to all the conditions, terms, restrictions, and limitations of this franchise as fully and completely and to the same extent as if the franchise has been originally granted to the said person, firm, company, corporation or other commercial or legal entity.

Section 15. This franchise shall not be interpreted to means an exclusive grant of the privileges herein provided for.cralaw

Section 16. The grantee shall not require any previous censorship of any speech, play or other matter to be broadcast from its stations; but if any speech, play or other matter should constitute a violation of the law or infringement of a private part, the grantee shall be free from any liability, civil or criminal, for such speech, play or other matter: Provided, That the grantee, during any broadcast shall cut off from ther the speech, play or other matter being broadcast if the tendency thereof is to propose and/or incite treason, rebellion or sedition, or the language used therein or the same thereof is indecent or immoral, and willful failure to do so shall constitute a valid cause for the cancellation of this permit.cralaw

Section 17. This Act shall take effect upon its approval.cralaw

Approved: June 15, 1954

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