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PHILIPPINE LAWS, STATUTES & CODES
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PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
LIBRARYREPUBLIC ACTS
REPUBLIC
ACT NO. 5457
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REPUBLIC ACT NO. 5457 - AN ACT
GRANTING THE INTERNATIONAL HARVARDIAN COLLEGE A FRANCHISE TO CONSTRUCT,
MAINTAIN AND OPERATE A RADIO BROADCASTING STATION IN THE CITY OF DAVAO
AND ANYWHERE IN MINDANAO FOR EDUCATIONAL, CULTURAL AND COMMERCIAL
PURPOSES
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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, the
International Harvardian College of Davao City is hereby granted a
franchise to construct, maintain and operate for educational, cultural
and commercial purposes a radio broadcasting station in the City of
Davao and anywhere in Mindanao.
Sec. 2. This franchise shall continue for a period
of twenty-five years from the approval of this Act, and is granted upon
the express condition that the same shall be void unless the
construction of the radio station be begun within two years from the
date of approval of this Act and shall be completed within two years
from said date.
Sec. 3. This franchise is likewise made upon the
express condition that the grantee shall contribute to the public
welfare, shall assist in the function of public information and
education, shall conform to the ethics of honest enterprise, and shall
not use its station for the dissemination of deliberately false
information or willful misrepresentation, or to the detriment of public
health, or to incite, encourage or assist in subversive or treasonable
acts.
Sec. 4. 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
frequency and wave length to be used under this franchise and issued to
the grantee a license for such use.
Sec. 5. The radio broadcasting station of the
grantee shall be so constructed and operated and the wave length so
selected as to avoid interference with existing radio stations and to
permit the expansion of the grantee's service.
Sec. 6. A special right is reserved to the
President of the Philippines, in time of war, rebellion, public peril,
calamity, disaster or disturbance of peace or order, to cause the
closing of the 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. 7. The grantee shall be liable to pay the
same taxes, unless exempted therefrom, on its 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.
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. Acceptance of this franchise shall be
given in writing by the grantee within six months after the approval of
this Act. When so accepted, the grantee shall be empowered to exercise
the privilege granted thereby.
SECTION 10. 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 11. This Act shall take effect upon its
approval.
Enacted without Executive
approval, March 27, 1969.
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