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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
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REPUBLIC ACT NO. 6423 - AN ACT
GRANTING ERNA P. CRUZ A FRANCHISE TO CONSTRUCT, INSTALL, OPERATE AND
MAINTAIN AERONAUTICAL AND RADIO BROADCASTING AND TELEVISION STATIONS IN
THE ISLAND OF MINDANAO Section 1. There is hereby granted and conceded to Erna P. Cruz, her successors or assigns, and hereunder referred to as the "grantee", a franchise to construct, install, operate and maintain, subject to the approval of the Secretary of Public Works and Communications, aeronautical and broadcasting and television stations in the Island of Mindanao. Sec. 2. A special right is reserved to the President of the Philippines in time of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace or order to take over and operate the said stations or to authorize the temporary use and operation thereof by any department of the Government upon due compensation to the grantee for the use of said stations during the period when they shall be so operated. Sec. 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 prescribed. Sec. 4. This franchise is granted for a period of twenty-five years and upon the express condition that same shall be void unless the construction of two stations be completed within two years from the date of the approval of this Act. Sec. 5. The grantee, her successors or assigns, shall construct and operate her radio stations so as not to interfere with the operations of other radio stations maintained and operated in the Philippines. Sec. 6. No private property shall be taken for any purpose by the grantee of this franchise, her successors or assigns, without proper condemnation proceedings and just compensation paid or tendered thereof, and any authority to take and occupy land contained herein shall not authorize the taking, use or occupation of any land except such as required for the actual necessary purposes for which the franchise is granted. All lands or rights of use and occupation of lands granted to the grantee, her successors or assigns, shall, upon the termination of this franchise 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 of the grant thereof, or the right to use and occupy the same was conceded to the grantee herein, her successors or assigns. Sec. 7. 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. Sec. 8. The grantee shall keep a separate account of the gross receipts of the business transacted by her 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 account 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. Sec. 9. As a condition of the granting of this
franchise, the grantee shall execute a bond in favor of the Government
of the Republic 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.f, after three years from the date of the
acceptance of this franchise, the grantee shall have fulfilled the
same, the bond aforesaid shall be cancelled by the Secretary of Public
Works and Communications. Enacted without Executive
approval, October 4, 1971. |
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