Grant of Temporary Permit to G.S. Mañalac Enterprises (Radio Stations)

June 21, 1969

REPUBLIC ACT NO. 5735

AN ACT GRANTING G.S. MAÑALAC ENTERPRISES A TEMPORARY PERMIT TO CONSTRUCT, MAINTAIN AND OPERATE PRIVATE FIXED POINT-TO-POINT, COASTAL, AERONAUTICAL, LAND-BASED AND LAND-MOBILE RADIO STATIONS FOR THE RECEPTION AND TRANSMISSION OF RADIO COMMUNICATIONS WITHIN THE PHILIPPINES

SECTION 1. There is hereby granted to G.S. Mañalac Enterprises, its successors or assigns, a temporary permit to construct, maintain and operate in the Philippines, at such places as the said grantee may select, subject to the approval of the Secretary of Public Works and Communications, private fixed point-to-point, coastal, aeronautical, land-based and land-mobile radio stations, for the reception and transmission of wireless messages on radiotelegraph and/or radiotelephone, each to be provided with a radio transmitting and a radio receiving apparatus.

SECTION 2. The President of the Philippines shall have the power and authority to permit the location of said private fixed point-to-point, coastal, aeronautical, land-based and land-mobile radio stations and on any of the lands of the public domain upon the 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 established similar service at the places selected by the grantee, and is granted upon the express that the same shall be void unless the construction of at least one of the said stations be begun within one year from the date of approval of this Act and be completed within two years from said date.

SECTION 4. The grantee shall not engage in 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 temporary permit is to secure to the grantee the right to construct, establish, maintain and operate private fixed point-to-point, coast, aeronautical, land-based and land-mobile radio stations in such places within the Philippines as the interest of the grantee and of its trade and business may justify.

SECTION 5. The grantee shall be subject to the corporation laws of the Philippines now existing or which may hereafter be enacted.

SECTION 6. This temporary permit shall not take effect until the Secretary of Public Works and Communications shall have allotted to the grantee the franchise and wave lengths to be used thereunder, but the grantee may use the international distress frequency of five hundred kilocycles whenever necessary.

SECTION 7. 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 8. The grantee shall so construct and operate its radio stations as not to interfere with the operation of other stations maintained and operated in the Philippines.

SECTION 9. The grantee shall hold the national, provincial and municipal governments of the Philippines free from all claims, accounts, demands, or actions arising out of accidents or injuries, whether to property or to persons, cause by the construction or operation of its radio stations.

SECTION 10. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this temporary permit, nor the rights or privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other person, firm, company, or corporation organized for the same purpose, without the prior approval of the Congress of the Philippines. Any corporation to which the 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, firm, company, corporation or other commercial or legal entity 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 completely and to the same extent as if the temporary permit had been originally granted to the said person, firm, company, corporation or other commercial or legal entity. cd

SECTION 11. 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 authorized the temporary use of possession thereof by any department of the Government upon payment of just compensation.

SECTION 12. Whenever in this permit the terms "grantee" is used it shall be held and understood to mean G.S. Mañalac Enterprises, its representatives, successors or assigns, unless the context indicates otherwise.

SECTION 13. This temporary permit 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 to mean as an exclusive grant of the privileges herein provided for.

SECTION 14. This Act shall take effect upon its approval.

Enacted without Executive approval, June 21, 1969. acd

Published in the Official Gazette, Vol. 66, No. 1, p. 31 on January 5, 1970