REPUBLIC ACT NO. 2308 - AN ACT
GRANTING EVANGELISTA AND COMPANY A FRANCHISE TO INSTALL, OPERATE AND
MAINTAIN A TELEPHONE SYSTEM IN THE MUNICIPALITY OF ANGELES, PROVINCE OF
PAMPANGA |
Section 1. Subject to the conditions established in this Act
and the provisions of Commonwealth Act Numbered One hundred and
forty-six, as amended, and of the Constitution, applicable thereto,
there is hereby granted to Evangelista and Company, hereinafter called
the grantee, its successors or assigns, for a period of fifty years
from the approval of this Act, the right and privilege to construct,
maintain and operate in the Municipality of Angeles, Province of
Pampanga, a telephone system to carry on the business of the electrical
transmission of conversations and signals in said municipality. For
this purpose, the grantee is hereby authorized to use all streets and
public thoroughfares of the municipality for the construction,
maintenance and operation of all apparatus, conductors and appliances
necessary for the electrical transmission of conversations and signals,
to erect poles, string wires, build conduits, lay cables and to
construct, maintain and use such other approved and generally accepted
means of electrical conduction in, on, over or under the public roads,
highways, lands, bridges, streets, lanes and sidewalks of said
municipality, and overhead or underground lines or on the surface of
the ground as may be necessary and best adapted to said transmission.cralaw Sec. 2. All poles erected and all conduits
constructed or used by the grantee shall be located in places
designated by the grantee with the approval of the municipal board of
the municipality: Provided, That all poles erected and used by the
grantee or its successors or assigns shall be of such appearance as not
to disfigure the streets, and the wireless and cables carried by said
poles and the underground cables shall be strung and laid in accordance
with professional standards approved by the Public Service Commission;
and said poles shall be of such height as to maintain the wires and
cables stretched on the same at a height of at least fifteen feet above
the level of the ground, and said wires and cables shall be so placed
as not to imperil the public safety, in accordance with a plan approved
by the Public Service Commission: Provided, further, That whenever
twenty-five or more pairs of wires or other conductors are carried on
one line of poles in any place of the poblacion of said municipality,
said wires or conductors shall be placed in one cable, and whenever
more than eight hundred pairs of wires or other conductors shall be
placed underground by the grantee, its successors or assigns, whenever
ordered to do so by the Public Service Commission. Sec. 4. Whenever any person has obtained
permission to use any of the streets of said municipality for the
purpose of removing any building or in the prosecution of any municipal
work or for any other cause whatsoever, making it necessary to raise or
remove any of said wires or conduits which may obstruct or hinder the
prosecution of said work, the said grantee, upon notice by the
municipal council of the municipality, served upon said grantee at
least forty-eight hours in advance, shall raise or remove any of said
wires or conduits which may hinder the prosecution of such work or
obstruct the removal of said building, so as to allow the free and
unobstructed passage of said building and the free and unobstructed
prosecution of said work, and the person or entity at whose request the
wires or poles or other structures have been removed, shall pay
one-half of the actual cost of replacing the poles or raising the wires
and other conductors or structures. The notice shall be in the form of
a resolution duty adopted by the municipal council of the municipality
served upon the grantee or its duly authorized representative or agent
by a person competent to testify as witness in a civil action, and in
case of refusal or failure of the grantee to comply with such notice,
the municipal mayor with the proper approval of the municipal council
of the municipality first had, at the case may be, shall order such
wires or conduits to be raised or removed at the expense of the
grantee, for the purpose aforesaid. Sec. 6. The grantee, its successors or assigns, shall keep a separate account of the gross receipts of its telephone business, and shall furnish to the Auditor General and the Treasurer of the Philippines a copy of such account not later than the thirty-first day of July of each year for the twelve months preceding the first day of July.cralaw Sec. 7. The grantee, its successors or assigns, shall be liable to pay the same taxes on their real estate, buildings and personal property, exclusive of this franchise, as other persons or corporations are now or hereafter may be required by law to pay. In addition, the grantee, its successors or assigns, shall pay to the Treasurer of the Philippines each year, within ten days after the audit and approval of the accounts as prescribed in section six of this Act, one per centum of all gross receipts of the telephone business transacted under this franchise by the grantee, its successors or assigns, and the said percentage shall be in lieu of all taxes on this franchise or its earnings.cralaw Sec. 8. Within sixty days from the approval of
this Act, the grantee shall file with the Public Service Commission its
application for a certificate of convenience and public necessity. In
case of failure to make said application within the period established,
this franchise shall become null and void. Section 10. Upon the written acceptance of the terms
and conditions of this franchise, the grantee shall deposit with the
Treasurer of the Philippines one thousand pesos, or negotiable bonds of
the Government of the Philippines or other securities approved by the
Secretary of Public Works and Communications, of the face value of one
thousand pesos, as an earnest of good faith in accepting this franchise
and a guaranty that, within six months from the date of the granting by
the Public Service Commission of a certificate of public convenience
and public necessity authorizing construction and operation by the
grantee of a telephone service in the Municipality of Angeles, Province
of Pampanga, the grantee, its successors or assigns, will be completely
provided with the necessary equipment and ready to begin operation in
accordance with the terms of this franchise: Provided, That if the
deposit is made in money the same shall be deposited at interest in
some interest-paying bank approved by the Secretary of Public Works and
Communications, all interest accruing and due on such deposit shall be
collected by the Treasurer of the Philippines and paid to the grantee,
its successors or assigns, on demand: And provided, further, That if
the deposit made with the Treasurer of the Philippines be in negotiable
bonds of the Government of the Philippines or other interest bearing
securities approved by the Secretary of Public Works and
Communications, the interest on such bonds or securities shall be
collected by the Treasurer of the Philippines and paid over to the
grantee, its successors or assigns, on demand. Section 11. The books and accounts of the grantee, its successors or assigns, shall always be open to the inspection of the auditor of the province or his authorized representatives, and it shall be the duty of the grantee to submit to the Auditor General quarterly reports in duplicate showing the gross receipts and the net receipts for the quarter past and the general condition of the business.cralaw Section 12. The rights herein granted shall not be
exclusive, and the right and power to grant to any corporation,
association or person other than the grantee franchise for the
telephone or electrical transmission of messages of signals shall not
be impaired or affected by the granting of this franchise: Provided,
That the poles erected, wires strung or cables or conduits laid by
virtue of any franchise for telephone, or other electrical transmission
of messages and signals granted subsequent to this franchise shall be
so placed as not to impair the efficient and effective transmission of
conversation or signals under this franchise by means of poles erected,
wires strung, or cables or conduits actually laid and in existence at
the time of the granting of said subsequent franchise: And provided,
further, That the Public Service Commission, after hearing both parties
interested, may compel the grantee of this franchise or its successors
or assigns, to remove, relocate, or replace its poles, wires or
conduits; but in such case the reasonable cost of the removal,
relocation or replacement shall be paid by the grantee of the
subsequent franchise or its successors or assigns to the grantee of
this franchise or its successors or assigns. Section 14. The rates for the telephone service,
flat rates as well as measured rates, shall be subject to the approval
of the Public Service Commission.cralaw Section 15. The grantee shall not, without the previous and explicit approval of the Congress of the Philippines, directly or indirectly, transfer, sell or assign this franchise to any person, association, company or corporation or other mercantile or legal entity.cralaw Section 16. The grantee may install, maintain, operate, purchase or lease such telephone stations, lines, cables or system, as is, or are, convenient or essential to efficiently carry out the purpose of this franchise: Provided, however, That the grantee, its successors or assigns, shall not, without the permission of the Public Service Commission first had, install, maintain, operate, purchase or lease such stations line, cables or systems.cralaw Section 17. The Philippine Government shall have the
privilege without compensation, of using the poles of the grantee to
attach one ten-pin crossarm, and to install, maintain and operate wires
of its telegraph system thereon: Provided, however, That the Bureau of
Telecommunications shall have the right to place additional crossarms
and wires on the poles of the grantee by paying a compensation, the
rate of which is to be agreed upon by the Director of
Telecommunications and the grantee: Provided, further, That in case of
disagreement as to rate of contract rental, same shall be fixed by the
Public Service Commission. The Municipality of Angeles, without
compensation, of using the poles of the grantee, to attach one standard
crossarm, and to install, maintain and operate, wires of a local police
and fire alarm system; but the wires of such telegraph lines, police or
fire alarm system shall be placed and strung in such manner as to cause
no interference with or damage to the wires of the telephone service of
the grantee. Section 19. It is expressly provided that in the event the Philippine Government should desire to maintain and operate for itself the system and enterprise herein authorized, the grantee shall surrender its franchise and will turn over to the Government said system and all serviceable equipment therein, at cost, less reasonable depreciation.cralaw Sec. 20. This Act shall take effect upon its
approval.cralaw Approved: June 19, 1959 |