Title
Act No. 2643.
Date
Feb 24, 1916
Act No. 2643 grants Ramon Fernandez a franchise to establish and operate a railroad in Occidental Negros, with specific requirements for construction, maintenance, and operation.
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Law Summary

SECTION 1: Grant of Franchise

  • Legal Principle: A franchise is granted to Ramon Fernandez to establish and operate a railroad in Occidental Negros.
  • Key Definitions:
    • Grantee: Ramon Fernandez, a citizen of the Philippines.
    • Franchise: Authority to construct, equip, maintain, and operate the railroad.
  • Requirements: The railroad will serve the sugar central established by the Central Sugar Board and must comply with the provisions set forth.
  • Timeframe: Valid for fifty years from the passage of the Act.
  • Important Details:
    • Route: Hinigaran to Isabela, with extensions to the Panaquiao River and hacienda "Carmen."
    • Must obtain Governor-General’s consent for changes to the route.

SECTION 2: Length of Railroad

  • Legal Principle: The railroad must span approximately sixty kilometers, exclusive of branches.
  • Important Details:
    • Variations in the route are permissible based on local investigations.

SECTION 3: Route Variations

  • Legal Principle: Adjustments to the route are allowed to improve safety and efficiency.
  • Important Details:
    • Investigations may lead to changes to avoid environmental hazards or improve track performance.

SECTION 4: Construction Standards

  • Legal Principle: Sets maximum grades and minimum curve radii for railroad construction.
  • Important Details:
    • Maximum grade: 2%.
    • Minimum curve radius: 200 meters.

SECTION 5: Stations

  • Legal Principle: Mandates the construction of stations for public service.
  • Important Details:
    • Stations required in Hinigaran, Isabela, Paticui, Bulad, Mampahubug, Soledad, and other necessary locations.

SECTION 6: Material Quality

  • Legal Principle: All construction materials must meet specific quality standards.
  • Important Details:
    • Steel rails: 15 kg/m; at least 1200 ties of native hardwood per kilometer.

SECTION 7: Track Specifications

  • Legal Principle: The railroad will be single track with specified gauge and sidings.
  • Important Details:
    • Gauge: 75 to 90 cm.

SECTION 8: Motive Power

  • Legal Principle: Steam power is required, with options for electricity or alternatives with consent.
  • Important Details:
    • Flexibility in motive power upon Governor-General's approval.

SECTION 9: Building Materials

  • Legal Principle: Establishes standards for buildings and structures related to the railroad.
  • Important Details:
    • Buildings must use quality materials; roofing of galvanized iron.

SECTION 10: Right of Way

  • Legal Principle: Grants the right of way through public lands for construction and operation.
  • Important Details:
    • Width: 30 meters; must not occupy land used for other public purposes.
    • Right of eminent domain exercised under Philippine law.

SECTION 11: Powers and Privileges

  • Legal Principle: Lists powers granted to the grantee.
  • Important Details:
    • Transfer rights and operate quarries with approval.
    • Legal capabilities to sue and appoint employees.
    • Tax exemptions on property used for the railroad.

SECTION 12: Safety Measures

  • Legal Principle: Establishes safety obligations for the grantee.
  • Important Details:
    • Gates with guards required at crossings of public highways.

SECTION 13: Telegraph Line

  • Legal Principle: Mandates a telegraph line along the railroad.
  • Important Details:
    • Exclusively for railroad use; maintenance at government expense.

SECTION 14: Mail Transport

  • Legal Principle: Obligation to transport mail.
  • Important Details:
    • Mail carried free of charge unless special services are required.

SECTION 15: Crossing Rights

  • Legal Principle: Obligates the grantee to allow crossings by other authorized railroads or roads.
  • Important Details:
    • Proper indemnity must be paid for crossings.

SECTION 16: Locomotive Equipment

  • Legal Principle: Safety requirements for locomotives.
  • Important Details:
    • Locomotives must have bells and steam whistles; spark prevention apparatus required.

SECTION 17: Speed Regulations

  • Legal Principle: Regulates train speed through populated areas.
  • Important Details:
    • Maximum speed: 32 km/h where no barriers are present.

SECTION 18: Receipt Issuance

  • Legal Principle: Requirement to issue receipts for freight.
  • Important Details:
    • Merchandise must be labeled appropriately.

SECTION 19: Personnel Identification

  • Legal Principle: Establishes identification requirements for personnel.
  • Important Details:
    • Special badges for personnel required.

SECTION 20: Refusal of Dangerous Goods

  • Legal Principle: Allows the grantee to refuse certain goods.
  • Important Details:
    • Dangerous or government-prohibited items may be rejected.

SECTION 21: Compliance with Existing Laws

  • Legal Principle: Franchise subject to existing laws and regulations.
  • Important Details:
    • Conforms to Act of Congress and local legislation.

SECTION 22: Franchise Deposit

  • Legal Principle: Requires a financial deposit upon transfer of the franchise.
  • Important Details:
    • Deposit: 50 pesos/km, returned as work progresses.

SECTION 23: Compensation Payments

  • Legal Principle: Mandates payments into the Insular Treasury.
  • Important Details:
    • 0.5% of gross freight receipts monthly; tax exemptions included.

SECTION 24: Record Keeping

  • Legal Principle: Obligates the grantee to maintain financial records.
  • Important Details:
    • Records subject to governmental inspection.

SECTION 25: Amendments and Repeal

  • Legal Principle: Franchise subject to amendment or repeal by higher authorities.
  • Important Details:
    • No stock or bond dividends without actual cash exchange.

SECTION 26: Definition of Grantee

  • Legal Principle: Clarifies who is considered the grantee.
  • Important Details:
    • Includes successors and assigns of Ramon Fernandez.

SECTION 27: Effectivity

  • Legal Principle: Specifies when the act takes effect.
  • Important Details:
    • Must file acceptance within 60 days of passage.

Key Takeaways

  • Act No. 2643 grants a 50-year franchise to Ramon Fernandez for a railroad in Occidental Negros.
  • The franchise includes various powers, safety requirements, and obligations for construction and operation.
  • The grantee is required to comply with existing laws and maintain detailed records while enjoying specific tax exemptions.
  • The franchise can be amended, and its validity depends on timely acceptance by the grantee.

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