QuestionsQuestions (Act No. 703)
It authorizes the company to construct, maintain, and operate (1) a railroad from a point near the Tutuban central station of the Manila and Dagupan Railroad to Antipolo (estimated 32 km), and (2) a spur/branch from the crossing of the River San Juan to a point on the River Pasig opposite San Pedro Macati (estimated 3 km).
The Manila terminus is the present central station at Tutuban, specifically at the junction with the existing Manila and Dagupan Railroad at a point one and five-hundred-thousandths kilometers from what is known as the Manila terminus of the existing line.
It requires an easterly run passing north of Sampaloc, through Pandacan, near Santa Mesa Race Track, crossing the River San Juan, passing between San Felipe Neri and San Juan del Monte, following a northeasterly course via tangents/curves to San Isidro, crossing the River Mariquina to Mariquina, continuing southeasterly to Cainta, bending easterly crossing Cut-cut and Cay-ticlin to Taytay, then running northeasterly to Antipolo.
If advantageous, the line may continue easterly along and up the River Pasig from the spur terminus, cross the River Mariquina above Pasig to Cainta, and then continue to Antipolo. If this alternative is accepted, the company shall construct a spur connecting Cainta and Mariquina along the route between those points.
Taytay is denominated as the provisional terminus until the Taytay-to-Antipolo section can be properly surveyed and staked.
Maximum grade is two percent, and minimum curve radius is 200 meters. The grade on curves must be compensated so that the maximum grade on curves of minimum radius shall not exceed one percent.
Stations are required in Sampaloc district, Santa Mesa (Pandacan), and in San Felipe Neri, San Juan del Monte, Mariquina, Cainta, Taytay, and Antipolo. It also requires a freight depot at the Pasig terminus. At Antipolo and at Taytay (while provisional terminus), it must build locomotive sheds with necessary turntables, water service, and cranes suitable for railroad purposes.
Rails must be steel, at least 65 pounds per yard, and 30 feet long. Cross-ties: 2,112 per mile, native hard wood sized 6 ft x 8 in x 5 in. If insufficient local hardwood is available, specified Australian hardwoods may be used.
It must be a single line of 3 feet 6 inches gauge. Sidings and loops necessary for proper working of the line must be provided for passing trains at each station.
It may acquire a strip of land 30 meters wide and may expropriate if lands cannot be obtained by free arrangement (consistent with law). It also has powers to acquire land from provinces/municipalities/corporations/private individuals by contract or expropriation, but (as later clarified in Section 13[b]) it cannot occupy lands within a province/municipality if in actual use for provincial/municipal purposes without respecting use restrictions, and it cannot occupy parts of a public road without consent of both municipal and provincial authorities (except what is necessary for crossing).
Before commencing work on any section/district, the grantee must file with the Consulting Engineer to the Commission a map/plan and profile showing course/direction plus an explanatory statement. After approval, two copies are prepared: one retained by the grantee and one filed with the Consulting Engineer.
The company must construct necessary bridges and crossings so public communication is not unnecessarily interrupted, put up notices specified by the Consulting Engineer to avoid danger, and at points of peculiar danger—when required by the Consulting Engineer or provincial board—station a gate/guard or both to prevent accidents.
The grantee must establish along the whole length a telegraph line exclusively for the railroad. Posts must also carry the number of wires the Government may deem necessary for public service; the establishment, protection, and maintenance of wires/stations for public service are at Government cost.
Before opening, the grantee must notify the Consulting Engineer in writing of the date when the line/portion is sufficiently completed for safe conveyance. The Consulting Engineer (or assistant) must examine bridges, tunnels, works, locomotives, and rolling stock, and if satisfactory and compliant with law/safe, authorize opening of all or part.
Within 15 days of acceptance, the grantee must deposit US$300 per kilometer. The deposit is returned proportionally as work terminates in lengths not less than 10 km. It is lost/all or part if work is not begun within 6 months or not terminated within 3 years, except it is not forfeited if termination is partially/totally interrupted by force majeure or fortuitous causes.
Forfeiture is allowed if works are not commenced or finished within the concession period except for force majeure/fortuitous cases (in which case the Legislature may extend the time). Also, if on opening to traffic the company interrupts public service for more than one month without force majeure or necessary repairs for public security.
The company must pay 1.5% of gross income from passenger and freight traffic on the Manila-Antipolo branch (with proportionate mileage allocation where receipts include parts of the main line and branch). This percentage is payable monthly and is in lieu of all taxes upon privileges, earnings, income, and franchises of the railway company, expressly exempting it for 20 years.