PHILIPPINE LAWS, STATUTES & CODES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
ACT NO. 5814
REPUBLIC ACT NO. 5814 - AN
ACT GRANTING PACIFIC CEMENT COMPANY, INC., A FRANCHISE TO ESTABLISH,
OPERATE AND MAINTAIN PRIVATE FIXED POINT-TO-POINT, PRIVATE COASTAL,
LAND-BASED, AERONAUTICAL, AND LAND-MOBILE RADIO STATIONS FOR THE
TRANSMISSION AND RECEPTION OF WIRELESS MESSAGES
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1. Pacific Cement Company, Inc., is hereby granted a
franchise to establish, operate and maintain fixed point-to-point,
private coastal, land based, aeronautical and land-mobile radio
stations in Makati as well as in all such places within the Philippines
where it operates its business and/or when the interest of its trade
and business activities justify, subject to the approval of the
Secretary of Public Works and Communications, for the transmission and
reception of wireless messages by radiotelegraph and radiotelephone,
radio teletype, radio photo, facsimile, pictures and such other types
of emission to and from said stations, each station to be provided with
the necessary radio transmitting and radio receiving apparatus.
Sec. 2. This franchise shall continue in force for
a period of twenty years renewable for another twenty years, and is
granted upon the express condition that the same shall be void unless
the construction or installation of at least one station be begun
within two years from the date of approval of this Act and completed
within four years from that date.
Sec. 3. The President of the Philippines shall
have the power and authority to permit the location of said private
fixed point-to-point, private, coastal, land based, aeronautical and
land mobile radio stations on any land of the public domain upon such
terms as he may prescribe.
Sec. 4. The grantee shall not engage in the
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 franchise is to secure to the
grantee the right to establish, operate and maintain fixed
point-to-point, private coastal, land-based, aeronautical and
land-mobile radio stations at places herein aforesaid for no other
purpose than to promote and subserve the trade and business interest of
Sec. 5. No fees shall be charged by the grantee as
the radio stations to be established by virtue of this Act shall engage
in communications regarding the grantee's business only.
Sec. 6. The grantee shall so construct and operate
its stations as not to interfere with the operation of other radio
stations maintained and operated in the Philippines.
Sec. 7. The grantee is authorized to operate its
radio stations on the frequency and/or frequencies that may be assigned
to it by the Secretary of Public Works and Communications.
Sec. 8. A special right is hereby reserved to the
President of the Philippines in time of war, insurrection, public
peril, calamity, or disaster to cause the closing of the grantee's
radio stations or to authorize the temporary use or possession thereof
by any department of the government upon just compensation.
Sec. 9. This franchise 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 privilege herein provided for.
SECTION 10. In the event of any competing individual,
partnership or corporation receiving from the Congress of the
Philippines a similar franchise on 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 herein grantee as in the case of said competing
individual, partnership or corporation.
SECTION 11. The grantee shall not lease, transfer,
grant the usufruct of, sell or assign this franchise or 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, corporation, or other commercial or legal entity
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 the
franchise as fully and completely and to the same extent as if the
franchise has been originally granted to the said person, firm,
company, corporation or other commercial or legal entity.
SECTION 12. In consideration of the franchise and
rights hereby granted, and any provision of law to the contrary
notwithstanding, the grantee shall pay the same taxes as are now or may
hereafter be required by law from other individuals, co-partnerships,
private, public or quasi-public association, corporation or joint stock
companies, on real estate, buildings and other personal property except
on such radio equipment, machinery, motor vehicles, and spare parts
needed in connection with the franchise hereby granted which shall be
exempt from customs duties, and all taxes.
SECTION 13. Whenever in this Act the term "grantee"
is used, it shall be held and understood to mean and represent Pacific
Cement Co., Inc., its representatives, successors or assigns.
SECTION 14. This Act shall take effect upon its
Enacted without Executive
approval, June 21, 1969.
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