PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACT NO. 5853 - AN ACT GRANTING JOSE CONRADO BENITEZ A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN PRIVATE FIXED POINT-TO-POINT AND LAND-BASED AND LAND-MOBILE RADIO STATIONS FOR THE RECEPTION AND TRANSMISSION OF RADIO COMMUNICATIONS WITHIN THE PHILIPPINES
1. There is hereby granted to Jose Conrado Benitez,
hereinafter referred to as the "grantee", a franchise to construct,
operate and maintain within 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 and land-based
and land-mobile radio stations for the reception and transmission of
wireless messages by radiotelegraph or radiotelephone, each station to
be provided with radio transmitting apparatus and radio receiving
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 made upon the express condition that the same shall be void unless the construction or installation of said stations be begun within one year from the date of approval of this Act and completed within two years from said date.
Sec. 3. The grantee, his successors or assigns, shall not engage in the domestic business 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 construct, install, maintain and operate private radio stations in such places in the Philippines as the interest of the grantee may justify.
Sec. 4. No fees shall be charged by the grantee as the radio stations that may be established by virtue of this Act shall engage in communications regarding the grantee's business only.
Sec. 5. The grantee, his successor or assigns, shall so construct and operate his radio stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.
Sec. 6. The grantee, his successors assigns, shall hold the national, provincial, city and municipal governments of the Philippines harmless from all claims, accounts, demands or actions arising out of accidents or injuries whether to property or persons, caused by the construction or operation of his radio stations.
Sec. 7. The grantee, his successors or assigns, shall be subject to the corporation laws to the Philippines now existing or hereafter enacted.
Sec. 8. The grantee, his successors or assigns, is authorized to operate his radio 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. 9. The grantee shall not lease, transfer, grant the usufruct of sell, or assign this franchise or the rights or privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other person, 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 10. 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 or possession thereof by any department of the Government upon payment of just compensation.
SECTION 11. 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 12. This Act shall take effect upon its approval.
Enacted without Executive
approval, June 21, 1969.