Title
Franchise for Submarine Telegraph Cable Operation
Law
Republic Act No. 808
Decision Date
Jun 21, 1952
Republic Act No. 808 grants a franchise to The Eastern Extension Australasia and China Telegraph Company Limited to operate a submarine telegraph cable connecting Manila with Hongkong, outlining the rights, obligations, and regulations governing the operation of the cable and station.
A

Property Acquisition and Construction Rights

  • Grantee authorized to acquire property by lease only for cable establishment and maintenance
  • Construction and maintenance of cable works may be done over streets and foreshore lands with prior approval of the President of the Philippines
  • Subject to legal procedures and limitations

Government's Special Rights in Emergencies

  • Government reserved right to take over and operate cable and station during war, insurrection, or domestic disturbance upon the President's order
  • Government to pay Grantee the net proceeds from operation during takeover period

Regulation of Telegraph Rates

  • Rates charged for telegraph messages must be reasonable
  • Rates to conform with International Telecommunication Convention (Atlantic City 1947) and Telegraph Regulations (Cairo 1938), including any updates

Compliance with International Telecommunication Conventions

  • Grantee's operations must comply with applicable international telecommunication conventions and regulations

Public Service and Message Handling

  • Grantee authorized to collect messages from the public for transmission at its Manila office
  • Authorized to deliver messages received over submarine cable directly to the public
  • Collection and delivery may use telephone or other efficient means for public convenience

Financial Accounting and Audit Requirements

  • Grantee must maintain separate accounts of gross earnings from telegraph messages originating in the Philippines
  • Annual submission of accounts to General Auditing Office by January 31 for preceding year
  • Books related to Philippine-originated messages must be kept in the Philippines and open to audit and inspection
  • Audit results are final and conclusive, with right of Grantee to appeal to Philippine courts under existing laws

Franchise Tax Obligations

  • Grantee to pay annual tax of 5% on gross earnings originating in the Philippines under this franchise
  • Tax due within 10 days after audit and approval of accounts
  • Tax payment in lieu of all other local taxes except real property tax

Indemnification of Government

  • Grantee shall hold the National, provincial, and municipal governments harmless from claims or damages arising from construction or operation of cable and stations

Compliance with Corporation and Labor Laws

  • Grantee subject to Philippine corporation laws
  • Prohibited from employing or contracting labor of persons in involuntary servitude

Franchise Amendments, Termination and Reversion of Rights

  • Franchise subject to amendment, alteration, repeal by Congress
  • Rights to use public property revert to the government upon termination, repeal, forfeiture, or expiration
  • Franchise valid for 50 years from acceptance date unless earlier terminated or extended

Bond Requirement for Performance Assurance

  • Grantee must execute a bond of 50,000 pesos with sureties to government
  • Bond conditioned on faithful performance of obligations for first three years
  • Bond cancelled upon satisfactory compliance after 3 years

Acceptance and Exercise of Franchise

  • Franchise acceptance in writing within 6 months after approval of the Act
  • Exercise of privileges granted only upon acceptance and bond approval by Secretary of Public Works and Communications

Restrictions on Transfer, Assignment, or Lease of Franchise

  • Grantee may not lease, transfer, assign, sell, or grant usufruct without Congress approval
  • Any assignee subject to Philippine corporation laws and all franchise conditions

Non-Exclusivity of Franchise

  • Franchise does not confer exclusive rights to the privileges granted

Effectivity

  • Act takes effect upon approval on June 21, 1952.

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