REPUBLIC ACT No. 2027
An Act Granting Mr. Bernardo Silverio, Jr., of Manila, a Temporary Permit to Construct, Install, Establish, and Operate Radio Stations with Corresponding Relay and Land Mobile Stations in Manila, Cebu, Iloilo, and Such Other Places not at Present Served by Public Radio Stations in the Philippines
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. There is hereby granted and conceded to Mr. Bernardo Silverio, Jr., of Manila, a temporary permit to construct, maintain and operate for commercial purposes and in the public interest, public radiotelegraph and radiotelephone stations with corresponding relay and land mobile stations in Manila, Cebu, Iloilo and in such other places not at present served by public radio stations in the Philippines: Provided, However, That the holder of the temporary permit herein granted shall start operation thereof within three years from the approval of said temporary permit. Failure to comply with this requirement shall ipso facto cancel and void the temporary permit.
Section 2. A special right is hereby reserved to the President of the Philippines in time of war, insurrection, public peril, calamity or disaster to cause the closing of said stations or to authorize the temporary use or possession thereof by any department of the Government, upon payment of just compensation.
Section 3. The grantee, his successors or assigns, shall hold the national, provincial and municipal governments of the Philippines harmless from all claims, accounts, demands, or actions arising out of accidents of injuries, whether to property or to persons, caused by the construction, or operation of the stations for reception and transmission of wireless messages by the grantee, his successors or assigns.
Section 4. The grantee, his successors or assigns, shall so construct and operate his radio stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.
Section 5. No private property shall be taken for any purpose by the grantee of this temporary permit, his successors or assigns, without proper condemnation proceedings and just compensation paid or tendered therein, and any authority to take and occupy land contained herein shall not authorize the taking, use, or occupation of any land except such as is required for actual necessary purposes for which the temporary permit is granted. All lands or rights of use and occupation of lands granted to the grantee, his successors or assigns, shall, upon the termination of this temporary permit or upon its revocation or repeal, revert to the national, provincial or municipal government to which such land or right to use and occupy belonged at the time the grant thereof or the right to use and occupy the same was conceded to the grantee herein, his successors or assigns.
Section 6. The right is hereby reserved to the Government of the Philippines, through the Public Service Commission, or such other government agency as may hereafter be duly authorized, to fix the maximum rates or charges to be charged by the grantee.
Section 7. The grantee shall keep a separate account of the gross receipts of the business transacted by him in the Philippines, and shall furnish the Auditor General and the Treasurer of the Philippines a copy of such account not later than the thirty-first day of January of each year for the preceding year. For the purpose of auditing the accounts so rendered to the Auditor General and the National Treasurer, all the books and accounts of the grantee, or duplicates thereof, so far as they relate to the business transacted in the Philippines shall be kept in the Philippines, and shall be subject to the official inspection of the Auditor General or his authorized representatives, and the audit and approval of such accounts shall be final and conclusive evidence as to the amount of said gross receipts, except that the grantee shall have the right to appeal to the courts of the Philippines, under the terms and conditions provided in the laws of the Philippines.
Section 8. As a condition of the granting of this temporary permit the grantee shall execute a bond in favor of the Government of the Philippines in the sum of fifty thousand pesos, in a form and with sureties satisfactory to the Secretary of Public Works and Communications, conditioned upon the faithful performance of the grantee’s obligations hereunder during the first three years of the life of this temporary permit. If, after three years from the date of acceptance of this temporary permit, the grantee shall have fulfilled the same, the bond aforesaid shall be cancelled by the Secretary of Public Works and Communications.
Section 9. In the event of any competing individual, partnership or corporation receiving from the Congress a similar temporary permit 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 competing individual, partnership or corporation.
Section 10. Acceptance of this temporary permit shall be given in writing within six months after said approval of this Act. When so accepted by the grantee and upon the approval of the bond aforesaid by the Secretary of Public Works and Communications the grantee shall be empowered to exercise the right and privilege herein granted.1âшphi1
Section 11. 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 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 12. 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 as an exclusive grant of the privilege herein provided for.
Section 13. This Act shall take effect upon its approval.
Approved: June 22, 1957.
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