Grant of Temporary Permit to Enrica M. Reyes Garcia (Radio Station)

August 4, 1969

REPUBLIC ACT NO. 5997

AN ACT GRANTING ENRICA M. REYES GARCIA A TEMPORARY PERMIT TO CONSTRUCT, ESTABLISH, OPERATE AND MAINTAIN A COMMERCIAL RADIO BROADCASTING STATION IN THE MUNICIPALITY OF KALIBO, PROVINCE OF AKLAN

SECTION 1. Subject to the provisions of the Constitution, Enrica M. Reyes Garcia is hereby granted a temporary permit to construct, establish, operate and maintain in the Municipality of Kalibo, Province of Aklan, subject to the approval of the Secretary of Public Works and Communications, a commercial radio broadcasting station in the Municipality of Kalibo, Province of Aklan. cdt

SECTION 2. The President of the Philippines shall have the power and authority to permit the location of said radio station or any of them on lands of the public domain under such terms and conditions as he may prescribe.

SECTION 3. This temporary permit shall continue to be in force during the time that the Government has not yet established any similar service in the places selected by the grantee and is granted upon the express condition that the same shall be void unless the construction of the said radio station be begun within one year from the date of approval of this Act and be completed within three years from said date.

SECTION 4. The grantee shall not engage in the domestic business of telecommunications in the Philippines without further special approval of the Congress of the Philippines, it being understood that the purpose of this temporary permit is to secure to the grantee the right to construct, establish, operate and maintain said stations in such places within the Philippines as the interest of the grantee and of her trade and business may justify.

SECTION 5. This temporary permit shall not take effect until the Secretary of Public Works and Communications shall have allotted to the grantee the frequencies and wave lengths to be used thereunder, but the grantee may use the international distress frequency of five hundred kilocycles and the high distress frequency of eight thousand two hundred eighty kilocycles whenever necessary.

SECTION 6. No fees are chargeable as the radio stations that may be established by virtue of this Act shall engage in communications regarding the grantee's business only.

SECTION 7. The grantee shall so construct and operate said radio station so as not to interfere with the operation of other radio stations maintained and operated in the Philippines.

SECTION 8. 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 either to property or persons, caused by the construction or operation of grantee's radio station.

SECTION 9. 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 station or to authorize the temporary use or possession thereof by any department of the Government upon payment of just compensation.

SECTION 10. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this temporary permit, or the rights or privileges acquired thereunder to any person, natural or juridical, nor merge with any other person, without the approval of the Congress of the Philippines first had. Any person, natural or juridical to which this temporary permit may be sold, transferred or assigned shall be subject to the corporation laws of the Philippines now existing or hereafter enacted, and any person to which this temporary permit is sold, transferred or assigned shall be subject to all conditions, terms, restrictions, and limitations of this temporary permit as fully and as completely and to the same extent as if the temporary permit has been originally granted to such person.

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 privileges herein provided for.

SECTION 12. This Act shall take effect upon its approval.

Enacted without Executive approval, August 4, 1969.

Published in the Official Gazette, Vol. 66, No. 13, p. 3145 on March 30, 1970