Title
Franchise for Radio/TV Stations to Gaudencio Maalac
Law
Republic Act No. 1864
Decision Date
Jun 22, 1957
Republic Act No. 1864 grants Gaudencio Mañalac the franchise to construct and operate radio broadcasting and television stations in the Philippines, with conditions including public service obligations and restrictions on content.

Applicability of Existing Radio Laws

  • Relevant provisions from Act No. 3846 (regulating radio stations and communications), Act No. 3997 (Radio Broadcasting Law), Commonwealth Act No. 146 (Public Service Act), and their amendments apply as practicable.

Bond Requirement

  • Grantee must file a bond of fifty thousand pesos ensuring compliance with franchise terms.

Equal Terms Clause

  • If Congress grants a competing franchise with more favorable terms, those terms automatically apply to this franchise to protect the grantee from any disadvantage.

Taxation

  • Grantee liable for real estate, buildings, and personal property taxes, excluding franchise taxes.
  • Also liable for other taxes under the National Internal Revenue Code incurred due to the franchise.

Government Acquisition Rights

  • Government may take over any authorized stations with all serviceable equipment at cost minus reasonable depreciation.

Restrictions on Censorship and Liability

  • No prior censorship of broadcast content required.
  • Grantee not liable for illegal or infringing content broadcasted.
  • May cut off broadcasts inciting treason, rebellion, sedition, or using indecent or immoral language.

Franchise Transfer Restrictions

  • Franchise and rights cannot be leased, sold, assigned, or merged without Congress approval.
  • Any transferee is subject to all original franchise terms and conditions.

Presidential Powers

  • President may close stations or authorize government use during war, rebellion, emergency, or disturbances without compensating the grantee.

Station Identification

  • Radio station to operate under the name DXGM.
  • Television station to operate under the name Mindanao Broadcasting Network.

Effectivity

  • Law takes effect immediately upon approval on June 22, 1957.

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