[ REPUBLIC ACT NO. 6383, August 16, 1971 ]
AN ACT GRANTING GIL L. MATIAS A FRANCHISE TO ESTABLISH, OPERATE AND MAINTAIN DOMESTIC PUBLIC FIXED POINT-TO-POINT, PUBLIC COASTAL, PUBLIC 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 Philippines in Congress assembled:
Section 1. Subject to the provisions of the Constitution and the provision of Act Numbered Three thousand eight hundred and forty-six, entitled "An Act providing for the regulation of radio stations and radio communications in the Philippine Islands and for other purposes", Commonwealth Act Numbered One hundred forty-six, known as the Public Service Act, and their amendments and other applicable laws, there is hereby granted to Gil L. Matias, his successors or assigns, hereunder referred to as the grantee a franchise to construct, establish, operate and maintain in the Philippines at such places as the grantee may select subject to the approval of the Secretary of Public Works and Communications, public fixed point-to-point, public coastal marine service, public land-based and land-mobile radio stations for the reception or transmission of wireless messages on radiotelegraph and/or radiotelephone, and radioteletype, and radiophoto with the corresponding relay station for the reception and transmission of wireless messages to be provided with radio transmitting apparatus radio receiving apparatus.
Section 2. A special right is reserved to the President of the Philippines in times of war, rebellion, public peril, calamity, disaster or disturbance of peace and order, to take over and operate the said stations or to authorize the temporary use and operation thereof by any department of the government without compensating the grantee for the use of said stations during the period when they shall be so operated.
Section 3. The President of the Philippines shall have the power and authority to permit the construction of said stations or any of them on any land of the public domain upon such terms and conditions as he may prescribe.
Section 4. This franchise shall not take effect until the Secretary of Public Works and Communications shall have allotted to the grantee the frequencies and wave lengths to be used thereunder.
Section 5. The grantee 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 and to permit the expansion of the grantee's services.1âшphi1
Section 6. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the rights, 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 and/or consent of the Congress of the Philippines.
Section 7. In consideration of the franchise and rights hereby granted, the grantee shall pay a franchise tax equal to five per centum of gross earnings under this franchise, three per centum shall accrue to the national government and two per centum to the municipality where the franchise is being operated.
Section 8. The franchise hereby granted shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires.
Section 9. The franchise shall continue for a period of twenty-five years from the date the first of said stations shall be placed in operation and is granted upon the express condition that the same shall be void unless the construction of at least one of said stations be begun within two years from the date of the approval of this Act.
Section 10. No private property shall be taken for any purpose by the grantee without proper condemnation proceedings and just compensation paid or tendered therefor, and any authority to take and occupy land contained herein shall not apply to the taking, use, or occupation of any land such as is required for the actual necessary purposes for which this franchise is granted.
Section 11. 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, caused by the construction or operation of the stations of the grantee.
Section 12. In consideration of this franchise the grantee shall offer free of charge the use of the base station to be installed in Barrio Sayong, Municipality of San Francisco, Province of Quezon as a humanitarian act to ensure the speedy medical care and attention of the sick, the injured and wounded considering the place as remote; and for the immediate communication between the said municipality and the proper authorities for the detection of crimes such as cattle rustling and piracy, and the apprehension of criminals.
Section 13. This Act shall take effect upon its approval.
Enacted without Executive approval, August 16, 1971.
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