Grant of Temporary Permit to Hercules Lumber Co., Inc. (Radiotelephone Stations)

June 22, 1957

REPUBLIC ACT NO. 1846

AN ACT GRANTING THE HERCULES LUMBER COMPANY, INCORPORATED, A TEMPORARY PERMIT TO ESTABLISH, MAINTAIN AND OPERATE PRIVATE FIXED POINT-TO-POINT RADIOTELEPHONE STATIONS FOR THE TRANSMISSION AND RECEPTION OF WIRELESS MESSAGES TO AND FROM SAID STATIONS

SECTION 1. The Hercules Lumber Company, Incorporated, its successors or assigns, is hereby granted a temporary permit to establish, maintain and operate private fixed point-to-point radiotelephone stations in the Municipality of Alicia, Province of Zamboanga del Sur and in other parts of the Philippines where it operates its lumber business, subject to the approval of the Secretary of Public Works and Communications, for the transmission and reception of wireless messages to and from these stations, including its tugboats.

SECTION 2. The President of the Philippines shall have the power and authority to permit the construction, maintenance, and operation of said private fixed point-to-point radiotelephone stations on any land of the public domain upon such terms as he may prescribe. cdt

SECTION 3. The temporary permit granted under this Act shall continue to be in force while the Government has not established similar service at places hereinabove stated, and subject to the condition that the grantee, its successors or assigns, shall start operation under said permit within one and half years from the date of the approval of this Act.

SECTION 4. The grantee, its successors or assigns, shall not engage in domestic business of telecommunication in the Philippines, it being understood that the temporary permit granted under this Act merely secures the right of the grantee to establish, maintain and operate private fixed point-to-point radiotelephone stations at the places hereinabove stated for no other purpose than to promote, protect, and subserve the trade and business interests of the grantee as a lumber company.

SECTION 5. The actual operation of said private fixed point-to-point radiotelephone stations shall not commence until after the Secretary of Public Works and Communications shall have allotted to the grantee the frequencies and wave lengths to be used thereunder.

SECTION 6. The grantee, its successors or assigns, shall so construct and operate such stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.

SECTION 7. The grantee, its successors or 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 to persons, caused by the construction or operation of its radiotelephone stations.

SECTION 8. The grantee shall not lease, transfer, grant the usufruct of, sell or assigns 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, company or corporation organized for the same purpose, without the approval of the Congress of the Philippines first had. Any corporation 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, 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.

SECTION 9. The grantee, its successors or assigns, shall be subject to the corporation laws of the Philippines now existing or which may hereafter be enacted.

SECTION 10. A special right is hereby reserved to the President of the Philippines in time of war, rebellion, public peril, emergency, calamity, disaster or disturbance of peace or order to cause the closing of the grantee's radiotelephone stations or to authorize the temporary use and operation thereof by any department of the Government upon payment of just compensation.

SECTION 11. The temporary permit granted under this Act 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 privileges herein provided for.

SECTION 12. The grantee shall file a bond in the amount of fifty thousand pesos to guarantee full compliance and fulfillment of the conditions under which this temporary permit is granted.

SECTION 13. This Act shall take effect upon its approval.

Approved: June 22, 1957

Published in the Official Gazette, Vol. 53, No. 18, p. 6002 on September 30, 1957