Title
Franchise to Operate Broadcast Stations in Mindanao
Law
Republic Act No. 5847
Decision Date
Jun 21, 1969
Republic Act No. 5847 grants Pedro R. Luspo, Sr. a franchise to operate radio broadcasting and television stations in Northern Mindanao, subject to certain conditions and limitations, for a period of twenty-five years.

Questions (Republic Act No. 5847)

It grants a franchise to construct, establish, operate, and maintain, for commercial purposes and in the public interest, radio broadcasting and television stations in Northern Mindanao.

It is subject to the Constitution, Act No. 3846 (regulation of radio stations and radio communications), Commonwealth Act No. 146 (Public Service Act), and other applicable laws not inconsistent with the Act.

The franchise is void unless construction of at least one radio broadcasting station or one television station is begun within four years from approval and completed within five years from said date.

The grantee must provide public service time so the Government can reach the population on important public issues; assist in public information and education; conform to the ethics of honest enterprises; and not broadcast indecent or obscene content or deliberately false or willful misrepresentations, nor content detrimental to public health, or content inciting subversive or treasonable acts.

In time of war, rebellion, public peril, emergency, calamity, disaster, or disturbance of peace and order, the President may cause the closing of the stations or authorize temporary use and operation by any government department upon due compensation to the grantee.

No. Section 3 states the grantee shall not require any previous censorship of any speech, play, act or scene, or other matter to be broadcast or telecast.

The grantee is free from civil or criminal liability for such content, provided the grantee complies with the cut-off requirement in the event of prohibited tendencies or indecent/immoral language/theme.

The grantee must cut off from the air any speech/play/act/scene or other matter if its tendency is to propose or incite treason, rebellion, or sedition, or if the language is indecent or immoral. Willful failure to do so constitutes a valid cause for cancellation of the franchise.

The national, provincial, and municipal governments of the Philippines must be held harmless from all claims, accounts, demands, or actions arising from accidents or injuries to property or persons caused by construction or operation of the stations.

No. Section 5 prohibits leasing, transferring, granting usufruct of, selling, or assigning the franchise or rights and privileges, and also prohibits merging with any other person without the previous approval of Congress of the Philippines.

The transferee is subject to all the conditions, terms, restrictions, and limitations of the franchise as fully and completely as if the franchise had been originally granted to them.

The grantee must pay the same taxes on business, real estate, buildings, and personal property (exclusive of the franchise), as other persons or corporations are required to pay, unless exempted by law.

The grantee must file a bond of PHP 10,000 to warrant fulfillment and compliance. After two years from acceptance, if conditions are fulfilled (or soon thereafter as fulfilled), the bond shall be cancelled by the Secretary of Public Works and Communications.

Acceptance must be given in writing by the grantee within six months after approval of the Act. Upon such acceptance, the grantee is empowered to exercise the franchise privileges.

Not until the Secretary of Public Works and Communications has allotted the frequency and wave lengths under the franchise and issued the required license for such use.

It continues for 25 years from the approval of the Act.

A tax equivalent to five percent of gross income.

No. Section 12 provides that the franchise shall not be interpreted as an exclusive grant of the privileges provided.

Congress may amend, alter, or repeal the franchise when the public interest so requires.


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