QuestionsQuestions (Republic Act No. 5789)
Republic Act No. 5789 amended Republic Act No. 2937, which originally granted Jorge D. Bayona a franchise to construct, maintain, and operate a radio broadcasting station in Legaspi, Province of Albay.
It covers radio broadcasting and television stations in the Bicol region and Southern Tagalog, as well as fixed point-to-point and land-based and land-and-sea-mobile radio stations for the reception and transmission of radio communications within the Philippines.
The franchise is stated to be subject to the Constitution and to Act No. 3846, Act No. 3997 (Radio Broadcasting Law), Commonwealth Act No. 146 (Public Service Act), and their amendments, and other applicable laws not inconsistent with the Act.
At such places as Jorge D. Bayona may select, subject to the approval of the Secretary of Public Works and Communications.
For 25 years from the date the stations shall be put in operation.
At least one television station must be begun two years from the date of approval of the Act and completed within four years from said date; the franchise shall be void unless this is complied with.
They cannot be put in actual operation until the Secretary of Public Works and Communications has allotted the frequencies/wave lengths/channels and issued a license for such use.
The grantee may operate fixed point-to-point and land-based and land-and-sea-mobile radio stations in medium frequency, high frequency, and very high frequency assigned by the Secretary.
If Congress grants a competing franchise with terms more favorable to a competitor, those more favorable terms automatically become part of this franchise and operate equally in favor of the grantee.
The favorable terms are incorporated ipso facto into the grantee’s franchise, meaning they apply automatically without needing a separate amendment or negotiation.
No. The grantee shall not require any previous censorship of any speech, play, act, scene, or other matter to be broadcast/telecast.
The grantee is free from liability, civil or criminal, for such speech/play/act/scene or other matter, subject to the cut-off obligation.
During any broadcast/telecast, the grantee must cut off the speech/play/act/scene or other matter if its tendency is to propose/incite treason, rebellion, or sedition, or if the language or theme is indecent or immoral.
Willful failure to cut off constitutes a valid cause for cancellation of the franchise.
The title was broadened from granting a franchise for radio broadcasting in Legaspi to granting radio broadcasting and television stations in the Bicol region and Southern Tagalog, plus radio stations for reception and transmission within the Philippines; the amended title helps reflect the expanded scope.
The Act took effect upon its approval and it was enacted without Executive approval, meaning it became law upon legislative enactment and would have taken effect according to its own clause.