REPUBLIC ACT NO. 2037 - AN
ACT GRANTING MR. RICARDO P. OCAMPO, RESIDING AT NUMBER ONE HUNDRED
FORTY C. FRANCISCO, MAKATI, RIZAL, PHILIPPINES, A TEMPORARY PERMIT TO
CONSTRUCT, INSTALL, ESTABLISH AND OPERATE PUBLIC RADIOTELEPHONE AND
RADIOTELEGRAPH COASTAL STATIONS, WITH THE CORRESPONDING RELAY STATIONS,
AND PUBLIC FIXED AND PUBLIC BASE AND LAND MOBILE STATIONS FOR THE
RECEPTION AND TRANSMISSION OF RADIOTELEPHONE AND RADIOTELEGRAPH
COMMUNICATIONS WITHIN THE PHILIPPINES NOT AT PRESENT SERVED BY PUBLIC
RADIOTELEGRAPH AND/OR RADIOTELEPHONE SYSTEMS SUCH AS IN LUMBER AND
MINING CONCESSIONS, FARMS, DEEP-SEA FISHING AND ISOLATED MUNICIPALITIES |
Section
1. There is hereby granted and conceded to Mr.
Ricardo P. Ocampo, residing at 140 C. Francisco, Makati, Rizal,
Philippines, his successors or assigns, the temporary right and
privilege of constructing, installing, establishing and operating in
the Philippines and at such places as the grantee may select, subject
to the approval of the Department Secretary under whose jurisdiction
the Radio Control Division is functioning, or any competent authority
who is or shall be authorized now or in the future to give said
approval, public coastal road stations with the corresponding relay
stations, and public fixed and public base and land mobile stations for
the reception and transmission of wireless messages on radiotelephony
(voice) and/or radiotelegraphy, or both, within the Philippines and
with vessels at sea andrcrafts over ther, irrespective of whether such
vessels andrcrafts are within or without the Philippines: Provided,
however, That Mr. Ricardo P. Ocampo shall only establish and operate
such public fixed and public base and land mobile stations in lumber
and mining concessions, farms, municipalities and other places not at
present served by public radiotelegraph and/or radiotelephone systems.cralaw Sec. 2. The President of the Philippines shall have the power and authority to permit the location on the public domain upon such terms as he may prescribed any or all of the land radio stations that may be established under this grant.cralaw Sec. 3. This temporary permit shall continue to be
in force during the time that the Government has not established
similar service at the places selected by the grantee, and is made upon
the express condition that the same shall be void unless the
construction of said stations be begun within three years from the date
of approval of this Act and be completed within five years from said
date. Sec. 5. The grantee, his successors or assigns, 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 for reception and transmission of wireless messages by the grantee, his successors or assigns.cralaw Sec. 6. The grantee, his successors or assign, shall so construct and operate his radio stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.cralaw Sec. 7. No private property shall be taken for any purpose by the grantee of this temporary permit, his successors or assigns, without proper condemnation proceedings and just compensation paid or tendered therein, and any authority to take and occupy land contained herein shall not authorize the taking, use, or occupation of any land except such as is required for the actual necessary purposes for which the temporary permit is granted. All lands or rights of use and occupation of lands granted to the grantee, his successors or assigns, shall, upon the termination of this temporary permit or upon its revocation or repeal, revert to the national, provincial or municipal government to which such land or right to use and occupy belonged at the time of the grant thereof or the right to use and occupy the same was conceded to the grantee herein, his successors or assigns.cralaw Sec. 8. The right is hereby reserved to the Government of the Philippines, through the Public Service Commission, or such other government agency as may hereafter be duly authorized, to fix the maximum rates or charges to be charged by the grantee.cralaw Sec. 9. The grantee shall keep a separate account
of the gross receipts of the business transacted by him in the
Philippines, and shall furnish the Auditor General and the Treasurer of
the Philippines a copy of such account not later than the thirty-first
day of January of each year for the preceding year. For the purpose of
auditing the accounts so rendered to the Auditor General and the
National Treasurer, all the books and accounts of the grantee, or
duplicates thereof, so far as they relate to the business transacted in
the Philippines shall be kept in the Philippines, and shall be subject
to the official inspection of the Auditor General or his authorized
representatives, and the audit and approval of such accounts shall be
final and conclusive evidence as to the amount of said gross receipts,
except that the grantee shall have the right to appeal to the courts of
the Philippines, under the terms and conditions provided in the laws of
the Philippines. Section 11. Acceptance of this temporary permit 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 privilege granted thereby.cralaw Section 12. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this temporary permit, nor the rights or privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other person, company or corporation organized for the same purpose, without the approval of the Congress of the Philippines first had. Any corporation to which this temporary permit may be sold, transferred, or assigned, shall be subject to the corporation laws of the Philippines now existing or hereafter enacted, and any person, firm, company, corporation or other commercial or legal entity to which this temporary permit is sold, transferred, or assigned shall be subject to all conditions, terms, restrictions and limitations of this temporary permit as fully and completely and to the same extent as if the temporary permit had been originally granted to the said person, firm, company, corporation or other commercial or legal entity.cralaw Section 13. This temporary permit shall be subject to
amendment, alteration, or repeal by the Congress of the Philippines
when the public interest so requires and shall not be interpreted as an
exclusive grant of the privilege herein provided for. |