REPUBLIC ACT NO. 5811 - AN ACT GRANTING FAUSTINO N. DY A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN RADIO BROADCASTING STATIONS IN THE PROVINCE OF ISABELA
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 and ninety-seven,
known as the Radio Broadcasting Law; Commonwealth Act Numbered One
hundred forty-six, known as the Public Service Act, and their
amendments, subject to the operations of existing laws not inconsistent
with this Act, Faustino N. Dy, his successors and assigns, is hereby
granted a franchise to construct, operate and maintain radio
broadcasting stations in the Province of Isabela.
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 said stations be begun within two years from the date of approval of this Act and be complied within three years from said date.
Sec. 3. This franchise is likewise made upon the express condition that the grantee, his successors and assigns, shall contribute to the public welfare; shall assist in the functions of public information and education; shall conform to the ethics of honest enterprise; and shall not use these 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.
Sec. 4. The grantee's radio broadcasting stations shall not 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 a license for such use.
Sec. 5. A special right is hereby reserved to the President of the Philippines in time of war, insurrection, public peril or other national emergency and when public safety requires, to cause the closing of the grantee's radio broadcasting stations or to authorize the use or possession thereof by any department of the Government without compensation to the grantee, his successors and assigns, for the use of said stations during the continuance of the national emergency.
Sec. 6. The grantee, his successors and assigns, shall be liable to pay the same taxes, unless exempted therefrom, on his real estate, buildings and personal property, exclusive of the franchise, as other persons or corporations which are now or hereafter may be required by law to pay.
The grantee, his successors and assigns, shall be further liable to pay all other taxes under the National Internal Revenue Code by reason of this franchise.
Sec. 7. 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 of the grantee.
Sec. 8. The franchise hereby granted shall be subject to amendment, alteration or repeal by the Congress of the Philippines when the public interest so requires.
Sec. 9. As a condition to the granting of this franchise, the grantee, his successors and assigns, shall execute a bond in favor of the Government of the Philippines in the sum of five thousand pesos, in such form and with sureties 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, his successors and assigns, shall have fulfilled said obligations, or as soon thereafter as the grantee, his successors and assigns, shall have fulfilled the same, the bond aforesaid shall be cancelled by the Secretary of Public Works and Communications.
SECTION 10. Acceptance of this franchise shall be given in writing within one year after approval of this Act. When so accepted by the grantee, his successors and assigns, and upon the approval of the bond aforesaid by the Secretary of Public Works and Communications, the grantee his successors and assigns shall be empowered to exercise the privileges granted thereby.
SECTION 11. 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 person, firm, company, corporation or other commercial or legal entity.
SECTION 12. 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 shall constitute a violation of the law or infringement of any private right, the grantee shall be free from liability, civil or criminal, for such speech, play or other matter: Provided, That the grantee, during any broadcast, shall cut off from the air the speech, play or other matter being broadcast if the tendency thereof is to propose and/or incite treason, rebellion or sedition, or to spread indecent or immoral language or ideas, and willful failure to do so shall constitute a valid cause for the cancellation of this franchise.
SECTION 13. This franchise shall not be interpreted as an exclusive grant of the privileges herein provided for.
SECTION 14. This Act shall take effect upon its approval.
Enacted without Executive
approval, June 21, 1969.