Grant of Radio Broadcasting Franchise to Jose M. Luison and Sons, Inc.

June 15, 1968

REPUBLIC ACT NO. 5429

AN ACT GRANTING JOSE M. LUISON AND SONS, INC., A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN RADIO BROADCASTING STATIONS IN THE ISLAND OF LUZON, PHILIPPINES

SECTION 1. Subject to the provisions of the Constitution, Jose M. Luison and Sons, Incorporated, is hereby granted a franchise which shall continue in force for a period of twenty-five years from the approval of this Act to construct, maintain and operate, for commercial purposes and in the public interest, radio broadcasting stations in the Island of Luzon, Philippines: Provided, That this franchise shall be void unless the construction of at least one radio broadcasting station be begun within two years from the date of approval of this Act, and be completed within four years from said date: Provided, further, That the grantee shall provide adequate public service time to enable the Government through the said radio broadcasting 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 enterprise; and shall not use its stations for the broadcasting of obscene or indecent language, speech, act or scene, or 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.

SECTION 2. The grantee shall file a bond in the amount of fifty thousand pesos to guarantee full compliance with and fulfillment of the conditions under which this franchise is granted. cd i

SECTION 3. In the event of any competing individual, partnership or corporation receiving from the Congress a similar franchise in 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 grantee as in the case of said completing individual, partnership or corporation.

SECTION 4. (a) The grantee shall be liable to pay the same taxes 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. (b) The grantee shall further be liable to pay all other taxes imposable by National Internal Revenue Code by reason of this franchise. acd

SECTION 5. In the event the Government shall desire to maintain and operate for itself any or all of the stations herein authorized, the grantee shall turn over such station or stations to the Government with all the serviceable equipment therein, at cost, less reasonable depreciation.

SECTION 6. The grantee shall not require any previous censorship of any speech, play, act or scene or other matter to be broadcast from its stations; but if any such speech, play, or 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, may cut off from the air the speech, play, act or scene or other matter being broadcast 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.

SECTION 7. 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 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 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 the said person, firm, company, corporation or other commercial or legal entity.

SECTION 8. This Act shall take effect upon its approval.

Enacted without Executive approval, June 15, 1968. aisa dc

Published in the Official Gazette, Vol. 65, No. 28, p. 7105 on July 14, 1969