Title
Franchise for Jorge D. Bayona's Radio and TV Stations
Law
Republic Act No. 5789
Decision Date
Jun 21, 1969
Jorge D. Bayona is granted a 25-year franchise to construct and operate radio and television stations in the Bicol region and Southern Tagalog, with specific conditions for construction and operation oversight by the Secretary of Public Works and Communications.

Franchise granted and coverage areas

  • Section 1 grants Jorge D. Bayona a franchise to construct, maintain and operate radio broadcasting and television stations.
  • Section 1 authorizes operation in the Bicol region and Southern Tagalog.
  • Section 1 also authorizes fixed point-to-point and land based and land and sea-mobile radio stations for reception and transmission of radio communications within the Philippines.
  • The franchise operations are subject to places selected by the grantee subject to the approval of the Secretary of Public Works and Communications.

Legal basis and referenced laws

  • Section 1 makes the franchise subject to the Constitution.
  • Section 1 subjects the franchise to Act No. 3846, entitled “An Act providing for the regulation of radio stations and radio communication in the Philippine Islands, and for other purposes.”
  • Section 1 subjects the franchise to Act No. 3997, known as the Radio Broadcasting Law.
  • Section 1 subjects the franchise to Commonwealth Act No. 146, known as the Public Service Act, and their amendments.
  • Section 1 applies “other applicable laws” to the franchise to the extent not inconsistent with the Act.

Term, construction conditions, and duration

  • Section 2 provides that the franchise continues for a period of twenty-five years from the date the stations are put in operation.
  • Section 2 establishes an express condition: the franchise becomes void unless at least one television station is begun two years from the date of approval of the Act and completed within four years from the same date.

Frequency assignment and start of operation

  • Section 4 prohibits putting the grantee’s radio broadcasting and television stations into actual operation until the Secretary of Public Works and Communications:
    • allots the frequencies, wave lengths, and channels to be used under the franchise; and
    • issues a license for such use.
  • Section 4 authorizes the grantee and successors/assigns to operate fixed point-to-point and land based and land and sea-mobile radio stations in the medium frequency, high frequency, and very high frequency that the Secretary of Public Works and Communications may assign.

Protection against more favorable competitor terms

  • Section 4-a provides that if any competing individual, partnership, or corporation receives from Congress a similar franchise with any term or terms more favorable or tending to place the grantee at any disadvantage, the more favorable terms:
    • ipso facto become part of the grantee’s terms; and
    • operate equally in favor of the grantee.

Content limits and broadcast/telecast obligations

  • Section 5 provides that the grantee shall not require previous censorship of any speech, play, act, scene, or other matter to be broadcast and/or telecast.
  • Section 5 provides that if broadcast/telecast matter constitutes a violation of the law or infringes a private right, the grantee is free from liability, civil or criminal for that speech, play, act, scene, or other matter.
  • Section 5 requires the grantee, during any broadcast and/or telecast, to cut off from the air speech, play, act, scene, or other matter if its tendency is to propose and/or incite treason, rebellion or sedition.
  • Section 5 requires a cut-off if the language used therein or the theme thereof is indecent or immoral.
  • Section 5 states that willful failure to cut off as required is a valid cause for the cancellation of this franchise.

Amended title and consolidation of franchise scope

  • Section 6 amends the title to cover a franchise to construct, maintain and operate radio broadcasting and television stations in the Bicol region and Southern Tagalog, and also fixed point-to-point and land based and land and sea-mobile radio stations for reception and transmission of radio communications within the Philippines.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.