A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
|REPUBLIC ACT NO. 8145 - AN ACT
GRANTING THE RADYO PILIPINO CORPORATION A FRANCHISE TO CONSTRUCT,
INSTALL, ESTABLISH, OPERATE AND MAINTAIN COMMERCIAL RADIO AND
TELEVISION BROADCASTING STATIONS, SATELLITE AND CABLE STATIONS IN THE
|Section 1. Nature and Scope of Franchise. — Subject to the
provisions of the Constitution and applicable laws, rules and
regulations, there is hereby granted to the Radyo Pilipino Corporation,
its successors or assigns and hereunder referred to as the grantee, a
franchise to construct, install, establish, operate and maintain for
commercial purposes and in the public interest, stations for radio and
televisions broadcasting, satellite and cable stations in the
Philippines, with the corresponding technological auxiliaries or
facilities, special broadcast and other broadcast program and
distribution services and relay stations, and to install radio
communication facilities for the grantee's private use in its broadcast
Sec. 2. Manner of Operations of Stations or Facilities. — The stations or facilities of the grantee shall be constructed and operated in a manner as will at most result only in the minimum interference on the wavelengths or frequencies of the existing stations or other stations which may be established in accordance with law, without in any way diminishing its own right to use its selected wavelengths or frequencies and the quality of transmission or reception thereon as should maximize rendition of the grantee's services and/or the availability thereof.
Sec. 3. Prior Approval of the National Telecommunications Commission. — The grantee shall secure from the National Telecommunications Commission the appropriate permits and licenses and facilities and shall not use any frequency in the radio/television spectrum without having been authorized by the Commission. The Commission, however, shall not unreasonably withhold or delay the grant of any such authority.
Sec. 4. Responsibility to the Public. — The grantee shall provide adequate public service time to enable the government, through the said broadcasting stations or facilities, to reach the population on important public issues provide at all times sound and balanced programming; promote public participation such as in community programming; assist in the functions of public information and education; conform to the ethics of honest enterprise; and not use its stations or facilities for the broadcasting of obscene and indecent language, speech, act or scene, or for the dissemination of deliberately false informations or willful misrepresentation to the detriment of the public, or to incite, encourage, or assist in subversive or treasonable acts.
Sec. 5. Right of Government. — The President of the Philippines, in times of rebellion, public, peril, calamity, emergency, disaster or disturbance of peace and order, may temporarily take over and operate the stations or facilities of the grantee, temporarily suspend the operation of any station or facility in the interest of public safety, security and public welfare, or authorize the temporary use and operation thereof by any agency of the government, upon due compensation to the grantee, for the use of said stations or facilities during the period when they shall be so operated.
Sec. 6. Term of Franchise. — This franchise shall be for a term of twenty-five (25) years from the date of the effectivity of this Act, unless sooner revoked or cancelled. In the event the grantee fails to operate continuously for two (2) years, this franchise shall be deemed ipso facto revoked.
Sec. 7. Acceptance and Compliance. — Acceptance of this franchise shall be given in writing within sixty (60) days after approval of this Act. Upon giving such acceptance, the grantee shall exercise the privileges granted under this Act. Non-acceptance shall render the franchise void.
Sec. 8. Tax Provisions. — The grantee, its successor
or assigns shall be liable to pay the same taxes on their real estate,
buildings, and personal property, exclusive of this franchise, as other
persons or corporations are now or hereafter may be required by law to
pay. In addition thereto, the grantee, its successors or assigns shall
pay a franchise tax equivalent to three percent (3%) of all gross
receipts of the radio/television business transacted under franchise by
the grantee, its successor or assign and the said percentage shall be
in lieu of all taxes on this franchise or earnings thereof: provided,
that the grantee, its successors or assigns shall continue to be liable
for income taxes payable under Title II of the National Internal
Revenue Code pursuant to Sec. 2 of Executive Order No. 72 unless the
latter enactment is amended or repealed, in which case the amendment or
repeal shall be applicable thereto.
Sec. 9. Self-regulation by and Undertaking of Grantee. — The grantee shall not require any previous censorship of any speech, play, act, scene or other matter to be broadcast and/or telecast from its stations: provided, that the grantee during any broadcast and/or telecast shall cut off from the air the speech, play, act, scene or other matter being broadcast if the tendency thereof is to propose and/or incite treason, rebellion or sedition, or the language used therein or the theme thereof is indecent or immoral and willful failure to do shall constitute a valid cause for the cancellation of this franchise.
Sec. 10. Warranty in Favor of National and Local Governments. — 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.
Sec. 11. Sale, Lease, Transfer, Usufruct, etc. — The grantee shall not lease, transfer, grant the usufruct of; sell nor assign this franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation or other commercial entity, nor merge with any other corporation or entity without the prior approval of the Congress of the Philippines. Any person or entity to which this franchise is sold, transferred or assigned shall be subject to all the same conditions, terms, restrictions, and limitations of this Act.
Sec. 12. Separability Clause. — If any of the sections or provisions of this Act is held invalid, all the other provisions not affected thereby shall remain valid.
Sec. 13. Repealability and Non-exclusivity Clause. — 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 privileges herein provided for.
Sec. 14. General Broadcast Policy Law. — The grantee shall comply with and be subject to the provisions of a general broadcast policy law which Congress may hereafter enact.
Sec. 15. Reportorial Requirements. — The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the terms and conditions of its franchise and on its operations within the sixty (60) days from the end of every year.
Sec. 16. Effectivity Clause. — This Act shall take
effect fifteen (15) days from the date of its publication in at least
two (2) newspapers of general circulation in the Philippines.