REPUBLIC ACT NO. 3904 - AN ACT GRANTING THE SAN JOSE CEMENT CORPORATION A TEMPORARY PERMIT TO CONSTRUCT, ESTABLISH, MAINTAIN AND OPERATE PRIVATE FIXED POINT-TO-POINT, PRIVATE COASTAL AND PRIVATE LAND-BASED RADIO STATIONS FOR THE RECEPTION AND TRANSMISSION OF RADIO COMMUNICATIONS WITHIN THE PHILIPPINES
|Section 1. There is
hereby granted to the San Jose Cement Corporation a temporary permit to
construct, establish, maintain and operate in the Philippines, at such
places as the grantee may select, subject to the approval of the
Secretary of Public Works and Communications, private fixed
point-to-point, private coastal and private land-based radio stations,
for the reception and transmission of wireless messages on
radiotelegraphy or radiotelephony, each station to be provided with a
radio transmitting apparatus and radio receiving apparatus. |
Sec. 2. The President of the Philippines shall have the power and authority to permit the location of said private fixed point-to-point, private coastal and private land-based radio stations or any of them on lands of the public domain upon such terms as he may prescribe.
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 granted upon the express condition that the same shall be void unless the construction of at least one of the stations be begun within one and one-half years from the date of the approval of this Act.
Sec. 4. The grantee, its successors or assigns, shall not engage in domestic business of telecommunications in the Philippines without further special assent of the Congress of the Philippines, it being understood that the purpose of this temporary permit is to secure to the grantee the right to construct, establish, maintain and operate private fixed point-to-point, private coastal and private land-based radio stations, at such places in the Philippines as the interest of the corporation and of its business may justify.
Sec. 5. No fees are chargeable, as the radio stations that may be established by virtue of this Act shall engage in communications regarding the grantee's business only.
Sec. 6. The grantee, its successors or assigns, shall so construct and operate its radio stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.
Sec. 7. The grantee, its successors or assigns, is authorized to operate its private fixed point-to-point, private coastal and private land-based stations in the medium frequency, high frequency, and very high frequency that may be assigned to it by the Secretary of Public Works and Communications.
Sec. 8. The grantee, its 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 its radio stations.
Sec. 9. The grantee, its successors or assigns, shall be subject to the corporation laws of the Philippines now existing or hereafter enacted.
Sec. 10. The grantee, its successors or assigns, shall not lease, transfer, grant the usufruct of sell or assign this temporary permit, or the rights or privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other persons, firm, 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.
Sec. 11. A special right is hereby reserved to the President of the Philippines in time of war, insurrection, public peril, emergency, calamity or disaster to cause the closing of the grantee's radio stations or to authorize the temporary use and possession thereof by any department of the Government upon payment of just compensation.
Sec. 12. Wherever in this permit the term "grantee" is used, it shall be held and understood to mean "San Jose Cement Corporation," its representatives, successors or assigns, unless the context indicates otherwise.
Sec. 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 privileges herein provided for.
Sec. 14. This Act shall take effect upon its approval.
Approved: June 18, 1964