Law Summary

Grant of Permit

• Explanation: This section grants Florencio A. Soyangco a temporary permit to construct, install, and operate commercial radio stations for communication with offshore vessels in Philippine waters.
• Key Definitions:
  • “Grantee”: Refers to Florencio A. Soyangco.
• Requirements/Procedures:
  • The permit is subject to constitutional provisions and existing laws, such as:
    • Act No. 3846 (regulation of radio stations)
    • Act No. 3997 (Radio Broadcasting Law)
    • Commonwealth Act No. 146 (Public Service Act).
  • The grantee must select locations for the stations with the approval of the Secretary of Public Works and Communications.
• Timeframes:
  • The stations must commence operations within 1.5 years from the law's approval.

Duration of Permit

• Explanation: The temporary permit remains valid as long as the government does not establish similar services in the selected areas.
• Key Details:
  • This provision ensures ongoing operation until government services are available.

Liability and Indemnification

• Explanation: The grantee, successors, or assigns are responsible for indemnifying the national, provincial, and municipal governments from any claims or liabilities arising from the operation of the stations.
• Key Details:
  • Liability includes accidents or injuries to persons or property related to the stations' construction or operation.

Non-Interference Clause

• Explanation: The grantee must construct and operate the stations without interfering with other radio stations in the Philippines.
• Key Details:
  • This clause emphasizes the need for compliance with existing radio operation standards.

Frequency Authorization

• Explanation: The grantee is authorized to operate on commercial frequencies assigned by the licensing authority, including international distress frequencies.
• Key Details:
  • Specific frequencies include:
    • 500 kilocycles (international distress frequency)
    • 8280 kilocycles (high distress frequency).

Transfer and Assignment Restrictions

• Explanation: The grantee cannot lease, transfer, sell, or assign the permit without prior Congressional approval.
• Key Details:
  • Any subsequent entity receiving the permit must adhere to the same conditions as the original grantee.
  • The provision highlights compliance with existing corporation laws.

Presidential Authority

• Explanation: The President has the right to close the stations or repurpose them during times of war, rebellion, or public peril without compensating the grantee.
• Key Details:
  • This clause provides the government with emergency powers regarding the operation of radio stations.

Non-Exclusive Grant

• Explanation: The permit does not grant exclusive rights to the grantee for the privileges outlined in the Act.
• Key Details:
  • This clause indicates that other entities may also be permitted to operate similar services.

Effectivity

• Explanation: The Act takes effect upon approval.
• Key Details:
  • Approval date: June 22, 1963.

Key Takeaways

• Republic Act No. 3805 grants a temporary permit to Florencio A. Soyangco for the operation of radio stations in Philippine waters, subject to various legal provisions and regulations.
• The permit requires operational commencement within 1.5 years and is valid until the government establishes similar services.
• The grantee holds liability for any claims arising from operations and must ensure non-interference with existing radio services.
• The President retains the authority to commandeer the stations during emergencies without compensation to the grantee.
• The permit is not exclusive and cannot be transferred without Congressional approval.