REPUBLIC ACT NO. 4387 - AN ACT
AMENDING REPUBLIC ACT NUMBERED TWO THOUSAND THIRTY-SEVEN, AS AMENDED BY
REPUBLIC ACT NUMBERED TWO THOUSAND THREE HUNDRED SEVENTY-THREE
Section 1. The transfer of the franchise granted to Ricardo
P. Ocampo by Republic Act Numbered Two thousand thirty-seven, as
amended by Republic Act Numbered Two thousand three hundred
seventy-three, in favor of Capitol Wireless, Inc., together with all
the rights and privileges appurtenant thereto, including those radio
stations already established and operating under said Acts, and any
channel and/or frequency assignments and permits that may have been
granted to the former, is hereby authorized approved, subject to the
provisions of the Constitution as well as of all other relevant and
applicable laws not inconsistent with this Act.
Sec. 2. Section one of Republic Act Numbered Two
thousand thirty-seven, as amended, is further amended to read as
follows:
"Section 1. (a) There is hereby granted and conceded to
Mr. Ricardo P. Ocampo, residing at 140 C. Francisco, Makati, Rizal,
Philippines, his successors or assigns, a franchise to construct,
install, establish and operate in the Philippines and at such places as
the grantee may select, subject to the approval of the Department
Secretary under whose jurisdiction the Radio Control Division is
functioning, or any competent authority who is or shall be authorized
now or in the future to give said approval, stations for international
telecommunications, public coastal radio stations with the
corresponding relay stations, and public fixed and public based and
land mobile stations and radio paging systems for the reception and
transmission of wireless messages on radiotelephony (voice) and/or
radiotelegraphy, or both, within the Philippines and with vessels at
sea and aircraft over the air, irrespective of whether such vessels and
aircraft are within or without the Philippines.
"(b) For his own private use, the herein grantee is
further granted the right and privilege to erect poles, string wires,
build or install pipes and conduits, lay cables, and to construct,
maintain and use such generally accepted means of electrical or
telegraphic conduction necessary: provided, however, that the above
provision shall be without prejudice to the grantee's right to enter
into negotiations with any individual, co-partnership, association, or
corporation which is operating any local or national electrical light
and power and/or telephone system in any province, city, municipality,
or municipal district for the right to use the poles or installations
of such individual co-partnership, association or corporation in the
province or provinces, city or cities, municipality or municipalities
or municipal district or districts where they are respectively
operating."
Sec. 3. Section twelve of the same Act is amended
to read as follows:
"Sec. 12. The grantee shall not lease, transfer,
grant the usufruct of, sell or assign this franchise, 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, company or corporation organized for the same purpose,
without the approval of the Congress of the Philippines first had. Any
corporation to which this franchise 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 franchise
is sold, transferred, or assigned shall be subject to all conditions,
terms, restriction and limitations of this franchise as fully and been
originally granted to the said person, firm, company, corporation or
other commercial or legal entity."
Sec. 4. Section thirteen of the same Act is
amended to read as follows:
"Sec. 13. This franchise 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.
"Any term or terms or authorized services more favorable than those
herein granted, that in the past have been granted or might in the
future be granted in a similar fashion or temporary permit by Congress
to any competing person, natural or judicial, tending to place the
herein grantee at any disadvantage, 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 person."
Sec. 5. The same Act is further amended by adding
between Section s thirteen and fourteen thereof a new section which
shall read as follows:
"Sec. 13-A. (a) The grantee shall be liable to pay
the same taxes on its real estate, buildings, and personal property,
exclusive of this franchise, as other persons or corporations are now
or hereinafter may be required by law to pay.
"(b) The grantee shall further pay to the Treasurer
of the Philippines each year, within ten days after the audit and
approval of the accounts as prescribed in this Act, one and one-half
per centum of all gross receipts for the business transacted in the
Philippines under this franchise by the grantee."
Sec. 6. This Act shall take effect upon its
approval.
Approved: June 19, 1965
|