Law Summary
1. Authority to Construct Railways
- Legal Principle: The Philippine Railway Company is authorized to construct, maintain, and operate railways in Panay, Negros, and Cebu under this Act.
- Key Definitions:
- Grantee: Refers to the Philippine Railway Company and its successors.
- Governor-General: The representative of the Philippine Government in this context.
- Requirements:
- The grantee must submit detailed plans, surveys, and specifications for railway construction to the Governor-General within six months of a written demand.
- Timeframes:
- Surveys must begin within 60 days of demand from the Governor-General.
2. Railway Lines Specifications
- Legal Principle: The Act outlines specific railway lines to be constructed, including:
- In Panay: From Iloilo to Capiz and Bataan (approx. 100 miles).
- In Negros: From Escalante to Himamailan (approx. 100 miles).
- In Cebu: From Cebu City to Danao and Argao (approx. 95 miles).
- Requirements:
- The grantee may construct branch lines with the Governor-General's consent.
- Important Details:
- All tracks must have a gauge of 3 feet 6 inches.
3. Rights of Way and Land Acquisition
- Legal Principle: The grantee is granted rights of way through public lands for railway construction.
- Key Definitions:
- Right of Way: A path or track for the railway through public lands.
- Requirements:
- The grantee may occupy necessary public lands and may open quarries or gravel pits with the Governor-General's approval.
- Timeframes:
- Land rights revert to the respective government upon termination of the franchise.
4. Construction and Operational Standards
- Legal Principle: The grantee must adhere to high construction and operational standards.
- Requirements:
- All materials must be of first-class quality and conform to American practices.
- The grantee must construct at least 100 miles of main track annually after final plans are approved.
- Penalties:
- Failure to meet construction obligations may lead to government intervention to ensure compliance, which becomes a debt of the grantee.
5. Financial Guarantees and Payment Obligations
- Legal Principle: The Philippine Government guarantees interest payments on first-lien bonds issued by the grantee.
- Key Definitions:
- First-lien Bonds: Secured bonds for which the government guarantees interest.
- Requirements:
- The government guarantees interest for 30 years at a rate of 4% per annum on up to 95% of the total construction cost.
- Important Details:
- The grantee is responsible for timely payment of interest and compliance with mortgage covenants.
6. Revenue Distribution and Government Charges
- Legal Principle: The grantee's gross earnings must be allocated according to specified priorities.
- Requirements:
- Earnings must first cover operating expenses, repairs, and then bond interest.
- Penalties:
- Non-compliance with financial obligations may lead to state intervention.
7. Regulatory Oversight and Compliance
- Legal Principle: The Philippine Government retains the right to inspect and regulate the grantee’s operations.
- Requirements:
- Monthly inspections of financial and operational records will be conducted.
- Consequences:
- The government may impose penalties for non-compliance with contractual obligations.
8. Amendment and Repeal Provisions
- Legal Principle: The Act is subject to amendment or repeal by the U.S. Congress.
- Requirements:
- The grantee must execute and deliver the contract and bond within 60 days for the grant to become operative.
Key Takeaways
- The Act grants significant authority to the Philippine Railway Company to develop essential railway infrastructure across key islands.
- It includes provisions for government oversight, financial guarantees, and strict adherence to construction and operational standards.
- The Philippine Government retains rights to regulate operations, ensuring compliance with contractual obligations and protecting public interests.
- The concession is contingent on timely execution of required contracts and bonds, with consequences for failure to meet obligations.