REPUBLIC ACT NO. 2299 - AN ACT
GRANTING VICTORINO E. DAY A FRANCHISE TO CONSTRUCT, MAINTAIN AND
OPERATE RADIO BROADCASTING STATIONS IN THE CITY OF ZAMBOANGA FOR
EDUCATIONAL, CULTURAL AND COMMERCIAL PURPOSES |
Section 1. Subject to the provisions of the Constitution, 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 Philippine 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, not inconsistent with this Act, Victorino E. Day
is hereby granted a franchise to construct, maintain and operate for
educational, cultural and commercial purposes and in the public
interest, radio broadcasting stations in the City of Zamboanga. Sec. 2. This franchise shall continue for a period of twenty-five years from the date the said stations shall be put in operation and is granted upon the express condition that the same shall be void unless the construction of at least one station be begun within one year from the date of approval of this Act and be completed within two years from said date.cralaw Sec. 3. This franchise is likewise made upon the express condition that the grantee shall provide adequate public service time to enable the Government, through his stations, to reach the population on important issues, shall assist in the function of public information and education shall conform to the ethics of honest enterprise, and shall not used his stations for the dissemination of deliberately false information or willful misrepresentation, or to the detriment of the public health, or to incite, encourage or assist in subversive or treasonable acts.cralaw Sec. 4. In the event of any competing individual, partnership or corporation receiving from the Congress of the Philippines a similar franchise in which there shall be any term or terms more favorable than those herein granted or tending to place the herein grantee at any disadvantage, then such term or terms shall ipso facto become a part of the terms hereof and shall operate equally in favor of the grantee as in the case of said competing individual, partnership or corporation.cralaw Sec. 5. The grantee's radio broadcasting stations shall note be put in actual operation until the Secretary of Public Works and Communications shall have allotted to the grantee the frequency and wave lengths to be used under this franchise and issued to the grantee license for such use.cralaw Sec. 6. In the event that the Government should desire to maintain and operate for itself any or all of the stations herein authorized the grantee shall turn over such station or stations to the Government with all the serviceable equipment therein at cost, less reasonable depreciation.cralaw Sec. 7. The radio broadcasting stations of the grantee shall be so constructed and operated and the wave lengths so selected as to avoid interference with existing radio stations and to permit of the expansion of the grantee's services.cralaw Sec. 8. A special right is reserved to the President of the Philippines in time of war, rebellion, public peril, calamity, disaster or disturbance of peace and order, to cause the closing of said stations or to authorize the temporary use and operation thereof by any department of the Government without compensating the grantee for the use of said stations during the period when they shall be so operated.cralaw Sec. 9. The grantee shall be liable to pay the same taxes unless exempted the reform, on his real estate, buildings and personal property exclusive of the franchise, as other persons or corporations are now or hereafter may be required by law to pay. He shall be liable further to pay all other taxes as provided in the National Internal Revenue Code by reason of this franchise.cralaw Section 10. The franchise hereby granted shall be
subject to amendment, alteration or repeal by the Congress of the
Philippines when the public interest so requires. Section 12. The grantee shall file a bond in the amount of fifty thousand pesos to guaranty the full compliance with and the fulfillment of the conditions under which this franchise is granted. If after two years from the date of acceptance of this franchise, the grantee shall have fulfilled said conditions or soon thereafter as the grantee shall have fulfilled the same, the bond aforesaid shall be cancelled by the Secretary of Public Works and communications.cralaw Section 13. The grantee, his successors or assigns, shall hold the National, provincial, city and municipal governments of the Republic of the Philippines harmless from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or persons, caused by the construction or operation of his radio stations.cralaw Section 14. The grantee shall not require any previous censorship of any speech, play or other matter to be broadcast from his stations, but if any such speech, play or other matter should constitute a violation of the law or infringement of a private right, 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 may cut off from ther the speech, play or other matter being broadcast if the tendency is to propose and/or incite treason, rebellion or sedition or the language used therein or the theme thereof is indecent or immoral.cralaw Section 15. The grantee shall not lease, transfer,
grant the usufruct of, sell or assign this franchise nor the rights and
privileges acquired thereunder to any person, firm, company,
corporation or other commercial or legal entity, nor merge with any
other company or corporation 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 hereafter enacted, and any person, firm, company,
corporation or other commercial or legal entity to which this franchise
is sold, transferred or assigned shall be subject to all conditions,
terms, restrictions and limitations of this franchise as fully and
completely and to the same extent as if the franchise had been
originally granted to the said person, firm, company, corporation or
other commercial or legal entity. Section 17. This franchise shall not be interpreted as an exclusive grant of the privileges herein provided for.cralaw Section 18. This Act shall take effect upon its
approval.cralaw |