PHILIPPINE LAWS, STATUTES & CODES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
ACT NO. 5847
REPUBLIC ACT NO. 5847 - AN
ACT GRANTING PEDRO R. LUSPO, SR. A FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN RADIO BROADCASTING AND TELEVISION STATIONS IN NORTHERN
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1. Subject to the provisions of the Constitution as
well as of Act Numbered Thirty-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",
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, Pedro R. Luspo, Sr. is hereby granted a
franchise to construct, establish, operate, and maintain for commercial
purposes and in the public interest, radio broadcasting and television
stations in Northern Mindanao: Provided, That this franchise shall be
void unless the construction of at least one radio broadcasting station
or one television station be begun within four years from the date of
approval of this Act and be completed within five years from said date:
Provided, further, That the grantee shall provide public service time
to enable the Government, through the said radio broadcasting and
television stations, to reach the population on important public
issues; shall assist in the functions of public information and
education; shall conform to the ethics of honest enterprises; and shall
not use his stations for the broadcasting or telecasting of obscene or
indecent language, act or scene, or for the dissemination of
deliberately false or willful misrepresentations, or to the detriment
of the public health or to incite, encourage, or assist in subversive
or treasonable acts.
Sec. 2. A special right is reserved to the
President of the Philippines in time of war, rebellion, public peril,
emergency, calamity, disaster or disturbance of peace and order, to
cause the closing of said stations or to authorize the temporary use
and operation thereof by any department of the Government upon due
compensation to the grantee for the use of said stations during the
period when they shall be so operated.
Sec. 3. The grantee shall not require any previous
censorship of any speech, play, act or scene or other matter to be
broadcast or telecast from his stations; but if any speech, play, act
or scene 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, act or scene or
other matter: Provided, That the grantee, during any broadcast or
telecast, shall cut off from the air the speech, play, act or scene or
other matter being broadcast or telecast, if the tendency thereof is to
propose 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
Sec. 4. 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. 5. 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, natural or juridical, nor
merge with any other person without the previous approval of the
Congress of the Philippines. Any person, natural or juridical, to which
this franchise is sold, transferred or assigned shall be subject to all
the 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 such person.
Sec. 6. The grantee shall be liable to pay the
same taxes, unless exempted therefrom, on his business, real estate,
buildings, and personal property, exclusive of this franchise, as other
persons or corporations are now or hereafter may be required by law to
Sec. 7. The grantee shall file a bond in the
amount of ten thousand pesos to warrant the fulfillment of and
compliance with the conditions under which the franchise is granted. If
after two years from the date of acceptance of this franchise the
grantee shall have fulfilled said conditions or soon thereafter as the
grantee shall have fulfilled the same, the bond aforesaid shall be
cancelled by the Secretary of Public Works and Communications.
Sec. 8. 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 privileges granted thereby.
Sec. 9. The grantee's radio broadcasting and
television 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 license for such use.
SECTION 10. The franchise hereby granted shall be
subject to amendment, alteration, or repeal by the Congress of the
Philippines when the public interest so requires.
SECTION 11. Wherever in this franchise the term
"grantee" is used, it shall be held and understood to mean Pedro R.
Luspo, Sr., his representatives, successors or assigns, unless the
context indicates otherwise.
SECTION 12. This franchise shall not be interpreted
as an exclusive grant of the privileges herein provided for.
SECTION 13. This franchise shall continue for a
period of twenty-five years from the approval of this Act.
SECTION 14. In consideration of this franchise, the
grantee shall pay a tax equivalent to five per cent of his gross
SECTION 15. This Act shall take effect upon its
Enacted without Executive
approval, June 21, 1969.
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