Grant of Temporary Permit to Itogon-Suyoc Mines, Inc.

June 18, 1964

REPUBLIC ACT NO. 4037

AN ACT GRANTING THE ITOGON-SUYOC MINES, INC., A TEMPORARY PERMIT TO CONSTRUCT, MAINTAIN AND OPERATE PRIVATE FIXED POINT-TO-POINT AND LAND-BASED MOBILE RADIO STATIONS FOR THE RECEPTION AND TRANSMISSION OF RADIO COMMUNICATIONS WITHIN THE PHILIPPINES

SECTION 1. There is hereby granted to the Itogon-Suyoc Mines, Inc., its successors or assigns, a temporary permit to construct, maintain and operate in the Philippines, at such places as the said Company may select, subject to the approval of the Department Secretary under whose jurisdiction the Radio Control Division is functioning, or any competent authority who is or shall be authorized to give such approval, such private fixed point-to-point and land-based mobile radio stations for the reception and transmission of wireless messages on radiotelegraphy or radiotelephony, each station to consist of radio transmitting and radio receiving apparatus.

SECTION 2. The President of the Republic of the Philippines shall have the power and authority to permit the location of said private fixed point-to-point and land-based mobile radio stations or any of them on the public domain upon such terms as he may prescribe.

SECTION 3. This temporary permit shall continue to be in force during the time that the Government has not established a similar service at the places selected by the grantee, and is granted upon the express condition that the same shall be void unless the grantee shall start operation of said stations within one and one-half years from the date of approval of this Act. acd

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, install, establish and operate private fixed point-to-point and land-based mobile radio stations in places within the Philippines as the interest of the company and its trade and business may justify.

SECTION 5. A special right is hereby reserved to the President of the Republic of the Philippines in time of war, insurrection, public peril, emergency, or disturbance of peace and order, to cause the closing of the station or stations, or to authorize the temporary use or possession thereof by any department of the Government upon payment of just compensation.

SECTION 6. 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.

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

SECTION 8. The grantee, its successors or assigns, shall hold the national, provincial, city and municipal governments of the Philippines immune to 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 radio stations.

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

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, 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. aisa dc

SECTION 11. The grantee, its successors or assigns, is authorized to operate its private fixed point-to-point radio stations in the medium frequency, high frequency and very high frequency that may be assigned to it by the licensing authority.

SECTION 12. This temporary permit shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when public interest so requires, and shall not be interpreted as an exclusive grant of this privilege. aisa dc

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

Approved: June 18, 1964

            Published in the Official Gazette, Vol. 61, No. 3, p. 251 on January 18, 1965