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REPUBLIC ACT NO. 5372 - AN
ACT GRANTING L. N. AGUSTIN FARMS, INC., A FRANCHISE TO CONSTRUCT,
MAINTAIN AND OPERATE RADIO BROADCASTING STATIONS IN THE VISAYAS Section 1. Subject to the provisions of the Constitution, L. N. Agustin Farms, Inc., hereinafter referred to as the grantee, is hereby granted a franchise, which shall continue in force for a period of twenty-five years from the approval of this Act, to construct, maintain and operate, for commercial purposes and in the public interest, radio broadcasting stations in the Visayas: Provided, That the franchise shall be void unless the construction of at least one radio broadcasting station be begun within three years from the date of approval of this Act, and be completed within five years from the said date: Provided, further, That the grantee shall provide adequate public service time to enable the Government, through the said radio broadcasting stations, to reach the population on important public issues; shall assist in the functions of public information and education; shall conform to the ethics of honest enterprise; and shall not use the stations for the broadcasting of obscene or indecent language, speech, act or scene, or for the dissemination of deliberately false information or willful misrepresentation, or to the detriment of the public health, or to incite, encourage or assist in subversive or treasonable acts. Sec. 2. The President of the Philippines may permit, subject to such rules and regulations as he may promulgate, the location on the public domain of any radio station which the grantee may construct. Sec. 3. Such provisions of Act Numbered Thirty-eight hundred forty-six, entitled "An Act providing for the regulation of radio stations and radio communications in the Philippine Islands, and for other purposes;" Act Numbered Thirty-nine hundred ninety-seven, known as the Radio Broadcasting Law; Commonwealth Act Numbered One hundred forty-six, known as the Public Service Act, as are applicable to radio broadcasting stations shall be applied. Sec. 4. As a condition to the granting of this franchise, the grantee shall execute a bond in favor of the Government of the Philippines, in the sum of fifty thousand pesos, in 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 franchise. If, after four years from the date of acceptance of this franchise, the grantee shall have fulfilled said obligations, the bond aforesaid shall be cancelled by the Secretary of Public Works and Communications. Sec. 5. Acceptance of this franchise shall be given in writing within six months after the 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 privileges granted thereby. Sec. 6. The grantee's radio broadcasting stations shall not be put in actual operation until the Secretary of Public Works and Communications shall have allotted to the grantee the frequencies and wave lengths to be used under this franchise and issued to the grantee a license for such use. Sec. 7. In the event of any competing individual, partnership or corporation receiving from the Congress a similar franchise in which there shall be any term or terms more favorable than these herein granted or tending to place the herein grantee at any disadvantage, then such term or terms shall ipso facto become 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. Sec. 8. The grantee shall pay the same taxes on its real estate, buildings and personal property, exclusive of the franchise, as other persons or corporations are now paying or hereafter may be required by law to pay. The grantee shall pay all other taxes that may be imposed by the National Internal Revenue Code by reason of this franchise. Sec. 9. The grantee shall hold the national,
provincial and municipal governments of the Philippines harmless from
all claims, accounts, demands or action, arising out of accidents or
injuries, whether to property or to persons, caused by the construction
or operation of the stations of the grantee. Enacted without Executive
approval, June 15, 1968. |
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