H. No. 3424 / 53 OG No. 18, 5979 (September 30, 1957

[ REPUBLIC ACT NO. 1833, June 22, 1957 ]

AN ACT GRANTING MR. BALDOMERO A. DAVID, RESIDING AT SAN JOSE, NAVOTAS, R1ZAL, A TEMPORARY PERMIT TO CONSTRUCT, MAINTAIN AND OPERATE PUBLIC COASTAL RADI0 STATIONS IN THE PHILIPPINES, TOGETHER WITH SUCH OTHER RADIO STATIONS AS MAY BE NECESSARY FOR THE OPERATION OF THE SERVICE, SUCH AS FIXED AND LAND BASED RADIO STATIONS, FOR THE RECEPTION AND TRANSMISSION OF RADIO COMMUNICATIONS WITHIN THE PHILIPPINES NOT AT PRESENT SERVED BY GOVERNMENT-OWNED PUBLIC RADIOTELEGRAPH OR RADIOTELEPHONE SYSTEMS.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. There is hereby granted to Mr. Baldomero A. David, residing at San Jose, Navotas, Rizal, his successors or assigns, hereinafter referred to as the "grantee,” a temporary permit to construct, maintain and operate in the Philippines at such places as said grantee may select, subject to the approval of the Secretary of Public Works and Communications or any competent authority who is or s hall be authorized now or in the future to give such inproval, public coastal radio stations, together with such other radio stations as may be necessary for the operation of the service, such as fixed and land based radio stations, for the reception and transmission of wireless messages on radiotelegraphy and/or radiotelephony with vessels at sea: Provided, however, That the grantee shall establish and operate such stations in places not at present served jy public radiotelegraph or radiotelephone systems owned by the Government.SEC. 2. The President of the Philippines shall have the power and authority to permit the location of any or all if the radio stations that may be established under this permit on the public domain upon such terms as he may prescribe.SEC. 3. This grant shall continue to be in force during the time that the Government has not established a similar public coastal radio service at the places selected by the grantee, in no case to exceed fifty years, and is made upon the express condition that the same shall be void unless the construction of at least one public coastal radio station begun within two years from the date of approval of this Act and be completed within three years from said date.SEC. 4. A special right is hereby reserved to the President of the Philippines, in time of war, insurrection, public peril or calamity or domestic trouble, to cause the closing of the radio stations, or to authorize the temporary use of possession thereof by any department of the Government upon payment of just compensation. SEC. 5. The grantee, his successors or assigns, shall hold the national, provincial, and municipal government the Philippines harmless 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 by the grantee, his successors or assigns.SEC. 6. The stations of the grantee shall be constructed and operated in accordance with the established engineering standards and practice and subject to existing radio laws and regulations, and the frequencies or wave lengths shall be selected with a view to avoiding interference with the operation of other radio stations in the Philippines.SEC. 7. 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 except such as is required for the actual necessary purpose for which this permit is granted.SEC. 8. 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. 9. The grantee shall keep an account of the receipts of the business transacted by him and shall furnish the Auditor General and the National Treasurer the Philippines a copy of such account not later than the thirty-first day of January each year for the preceding year. For the purpose of auditing the accounts rendered to the Auditor General and the National Treasurer, the books and accounts of the grantee, or duplicates thereof, shall be subject to the official inspection of the Auditor General or his authorized representatives, and the audit and approval of such accounts by said officers shall be final and conclusive evidence as to the amount of saw s 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. 10. As a condition of the granting of this permit, 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 or other competent authority conditioned upon the faithful performance of grantee's obligations hereunder during the first three years of the life of this permit. If after three years the date of the acceptance of this permit, the grantee shall have fulfilled the same, the bond aforesaid shall be cancelled by the Secretary of Public Works and Communications or other competent authority.SEC. 11. Acceptance of this permit shall be given in writing within six months after 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 or other competent authority, the grantee shall be empowered to exercise the privileges granted thereby.SEC. 12. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this permit, 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, firm, company or corporation organized for the same purpose, without the approval of the Congress of the Philippines first had. Any corporation to which this permit may be sold, transferred, or assigned, shall be subject to the corporation laws of the Philippines existing or hereafter enacted, and any person, firm, company, corporation or other commercial or legal entity to which this permit is sold, transferred, or assigned shall be subject to all conditions, terms, restrictions and limitations of this permit as fully and completely and to the same extent as if the permit had been originally granted person, firm, company, corporation or other commercial or legal entity.SEC. 13. The permit hereby granted shall be subject to amendment, alteration or repeal by the Congress of the Philippines when the public interest so requires, and the rights to use and occupy public property and places hereby granted shall revert to the respective government termination of this permit by such repeal, amendment or alteration, or by forfeiture or expiration in due course.SEC. 14. This permit shall not be interpreted to mean an exclusive grant of the privileges herein provided for.SEC. 15. This Act shall take effect upon its approval.Approved, June 22, 1957.

Supreme Court E-Library