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Republic Act No. 3105




Section 1. Subject to the provisions of the Constitution, as well as of Act Numbered Thirty-eight hundred and 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 Thirty-nine hundred and ninety-seven, known as the Radio Broadcasting Law; Commonwealth Act Numbered One hundred and forty-six, known as the Public Service Act, and their amendments, and other applicable laws, Ben E. Viduya is hereby granted a permit to construct, operate and maintain, for commercial purposes and in the public interest, radio broadcasting stations in the Philippines for a period of twenty five years: Provided, That this permit shall be void unless the construction of at least one radio broadcasting station be begun within six months from the date of approval of this Act and completed within two years from said date: Provided, further, That the grantee shall provide adequate public service time to enable the Government, through the stations herein authorized, to reach the population on important issues; shall assists in the functions of public information and education; shall conform to the ethics of honest enterprise; and shall not use said stations for the broadcasting of obscene or indecent language or speech or 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.

Sec. 2. The grantee shall file a bond in the amount of fifty thousand pesos to guaranty the full compliance and fulfillment of the conditions under which this permit is granted.

Sec. 3. In the event of any competing individual, partnership or corporation receiving from the Congress a similar permit 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 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.

Sec. 4. The grantee shall be liable to pay the same taxes on his real estate, buildings and personal property, exclusive of the permit, as other persons or corporations are now or hereafter may be required by law to pay.

Sec. 5. The grantee's radio broadcasting station shall not be put in actual operation until the Secretary of Public Works and Communications shall have allotted to the grantee the frequencies and wave lengths to be used under this permit and issued to the grantee a license for such use.

Sec. 6. The radio broadcasting station 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 the expansion of the grantee's service.

Sec. 7. 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 station or to authorize the temporary use and operation thereof by any department of the government without compensating the grantee for the use of said station during the period when it shall be so operated.

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.

Sec. 9. The permit hereby granted shall be subject to amendment, alteration or repeal by the Congress of the Philippines when the public interest so requires.

Sec. 10. Acceptance of this 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 by the Secretary of Public Works and Communications, the grantee shall be empowered to exercise the privileges granted thereby.

Sec. 11. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this permit nor the rights and 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 approval of the Congress of the Philippines first had. Any corporation to which this permit may be sold, transferred or assigned, shall be subject to the corporation laws of the Philippines now existing or thereafter enacted, any person, firm, company, corporation or other commercial or legal entity to which this permit is sold, transferred or assigned shall be subject to all conditions, terms, restrictions and limitations of this permit as fully and completely and to the same extent as if the permit had been originally granted to the said person, firm, company, corporation or other commercial or legal entity.

Sec. 12. The grantee shall not require any previous censorship of any speech, play or other matter to be broadcast from its station, 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, shall cut off from the air of 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 theme thereof is indecent or immoral, and willful failure to do so shall constitute a valid cause for the cancellation of this permit.

Sec. 13. This permit shall not be interpreted as an exclusive grant of the privileges herein provided for.

Sec. 14. This Act shall take effect upon its approval.

Approved: June 17, 1961

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