Title
Republic Act No. 5735
Date
Jun 21, 1969
Republic Act No. 5735 grants G.S. Mañalac Enterprises a temporary permit to establish private radio stations in the Philippines, subject to approval and conditions set by the Secretary of Public Works and Communications, the President, and the Congress.
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Law Summary

SECTION 1: Grant of Permit

  • Explanation: This section grants G. S. MaAalac Enterprises a temporary permit to construct, maintain, and operate various types of radio stations within the Philippines.

  • Key Definitions:

    • Grantee: Refers to G. S. MaAalac Enterprises and its successors or assigns.
  • Requirements/Procedures:

    • The locations for the radio stations must be selected by the grantee and approved by the Secretary of Public Works and Communications.
  • Timeframes: None specified in this section.

  • Consequences: None specified in this section.

    • G. S. MaAalac Enterprises can operate private fixed point-to-point, coastal, aeronautical, land-based, and land-mobile radio stations.
    • Stations are for the reception and transmission of wireless messages.

SECTION 2: Presidential Authority

  • Explanation: The President of the Philippines can permit the location of the radio stations on public domain lands.

  • Requirements/Procedures:

    • The President can set terms and conditions for the use of public lands.
  • Timeframes: None specified in this section.

  • Consequences: None specified in this section.

    • Location on public lands requires presidential approval.

SECTION 3: Duration of Permit

  • Explanation: The permit remains valid until the government establishes similar services in the selected locations.

  • Requirements/Procedures:

    • Construction of at least one station must begin within one year of the act's approval and be completed within two years.
  • Timeframes:

    • 1 Year: Begin construction.
    • 2 Years: Complete construction.
  • Consequences: The permit becomes void if construction is not initiated within the specified timeframe.

    • Permit validity is contingent upon government service establishment and construction timelines.

SECTION 4: Limitations on Domestic Business

  • Explanation: The grantee is prohibited from engaging in domestic telecommunications business without additional congressional approval.

  • Requirements/Procedures:

    • The permit is specifically for the construction and operation of radio stations.
  • Timeframes: None specified in this section.

  • Consequences: Engaging in domestic telecommunications without approval is not permitted.

    • Domestic telecommunications activities require separate congressional consent.

SECTION 5: Compliance with Corporation Laws

  • Explanation: The grantee must comply with existing and future corporation laws in the Philippines.

  • Requirements/Procedures:

    • Adherence to relevant corporate regulations is mandated.
  • Timeframes: None specified in this section.

  • Consequences: Non-compliance could lead to legal issues regarding corporate governance.

    • Grantee's operations are subject to corporate governance laws.

SECTION 6: Frequency Allocation

  • Explanation: The permit is effective only once frequencies are allotted by the Secretary of Public Works and Communications.

  • Requirements/Procedures:

    • The grantee may use designated frequencies for operations but can access the international distress frequency of 500 kilocycles as needed.
  • Timeframes: None specified in this section.

  • Consequences: The permit cannot be executed until frequency allocation is completed.

    • Usage of international distress frequency is permitted in emergencies.

SECTION 7: Fee Exemptions

  • Explanation: No fees are charged for the establishment of radio stations, which are intended solely for the grantee’s business communications.

  • Requirements/Procedures: None specified.

  • Timeframes: None specified in this section.

  • Consequences: None specified.

    • No fees are applicable for the establishment of stations.

SECTION 8: Non-Interference Clause

  • Explanation: The grantee must ensure that its radio stations do not interfere with existing stations in the Philippines.

  • Requirements/Procedures:

    • Construction and operation must be managed to avoid interference.
  • Timeframes: None specified in this section.

  • Consequences: Interference may lead to legal action or revocation of the permit.

    • Operations must be conducted to avoid disrupting other communications.

SECTION 9: Liability Waiver

  • Explanation: The grantee is responsible for holding the national, provincial, and municipal governments harmless from claims related to its operations.

  • Requirements/Procedures:

    • The grantee must cover all claims arising from accidents or injuries related to its stations.
  • Timeframes: None specified in this section.

  • Consequences: Non-compliance may lead to legal liabilities for the grantee.

    • Government entities are protected from liabilities linked to the grantee's operations.

SECTION 10: Transfer Restrictions

  • Explanation: The grantee cannot transfer or assign the permit without congressional approval.

  • Requirements/Procedures:

    • Any transfer must adhere to existing corporation laws and the terms of the permit.
  • Timeframes: None specified in this section.

  • Consequences: Unauthorized transfers could lead to permit revocation.

    • Transfers require congressional consent and adherence to existing laws.

SECTION 11: Emergency Powers

  • Explanation: The President reserves the right to close the grantee's stations during emergencies or disasters.

  • Requirements/Procedures:

    • The government may assume temporary control of the stations with just compensation to the grantee.
  • Timeframes: None specified in this section.

  • Consequences: The grantee may lose operational control during declared emergencies.

    • Presidential authority includes temporary control during crises.

SECTION 12: Definition of "Grantee"

  • Explanation: Clarifies that "grantee" refers to G. S. MaAalac Enterprises and its designated successors.

  • Requirements/Procedures: None specified.

  • Timeframes: None specified in this section.

  • Consequences: None specified.

    • Definition ensures clarity on who holds the permit rights.

SECTION 13: Amendability of the Permit

  • Explanation: Congress retains the right to amend, alter, or repeal the permit based on public interest.

  • Requirements/Procedures: None specified.

  • Timeframes: None specified in this section.

  • Consequences: The grantee's rights are not exclusive and may be modified by legislative action.

    • Congress can amend the permit as necessary for public welfare.

SECTION 14: Effectivity

  • Explanation: The Act becomes effective upon approval.

  • Requirements/Procedures: None specified.

  • Timeframes: The act is effective immediately upon approval.

  • Consequences: None specified.

    • Act takes effect upon approval without executive consent.

Key Takeaways

  • G. S. MaAalac Enterprises is granted a temporary permit to operate specific types of radio stations within the Philippines, subject to various conditions and limitations.
  • The permit is contingent upon timely construction and is non-transferable without congressional approval.
  • The grantee must adhere to corporation laws, avoid interference with existing stations, and hold the government harmless from liabilities related to its operations.
  • Emergency powers allow the President to temporarily close or use the stations if necessary for public safety.

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