REPUBLIC ACT No. 5162
An Act Granting Rustico Garingan, a Temporary Permit to Construct, Maintain and Operate Private Fixed Point-to-Point, Land-Based and Land-Mobile Radio Stations for the Reception and Transmission of Radio Communications Within the Philippines
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. There is hereby granted to Rustico Garingan, a temporary permit to construct, maintain and operate in the Philippines, subject to the approval of the Secretary of Public Works and Communications, private fixed point-to-point and land based and land mobile radio stations for the reception and transmission of wireless messages on radio telegraphy or radiotelephony, each station to be provided radio transmitting and receiving apparatus.
Section 2. 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 condition that the same shall be void unless the construction or installation of 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 3. The grantee, his successors or assigns, 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, maintain and operate private radio stations in such places within the Philippines as the interest of the grantee may justify.
Section 4. 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 5. The grantee, his successors or assigns, shall construct, and operate his radio stations in such a way that they do not interfere with the operation of other radio stations maintained and operated in the Philippines.
Section 6. The grantee, his successors or assigns, shall hold the national, provincial, city and municipal government of the Philippines harmless from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or person, caused by the construction or operation of his radio stations.
Section 7. The grantee, his successors or assigns, is authorized to operate his private fixed point-to-point and land based and land mobile radio stations in the medium frequency, high frequency, and very high frequency that may be assigned to him by the Secretary of Public Works and Communications.
Section 9. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this temporary permit, or the rights or privilege 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 prior approval of the Congress of the Philippines. 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, conditions, 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 10. 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 authorize the temporary use or possession thereof by any department of the government upon payment of just compensation.
Section 11. 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 12. This Act shall take effect upon its approval.
Approved: June 17, 1967.
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