Title
Transfer of Telecom Franchise to Local Corp
Law
Presidential Decree No. 489
Decision Date
Jun 24, 1974
A Presidential Decree authorizes the transfer of a telecommunications franchise from a foreign company to a Philippine corporation, in accordance with the policy of limiting franchise ownership to Filipino citizens or corporations with Filipino majority ownership.

Law Summary

Duration of the Franchise

  • The franchise was granted for a period of fifty (50) years.
  • The franchise term commenced prior to the decree and is set to expire on June 21, 2002 as per the original law.

Restriction on Transfer or Assignment

  • Section 15 of Republic Act No. 808 explicitly prohibits leasing, transferring, selling, or assigning the franchise without prior approval by the Philippine Congress.

Philippine State Policy on Public Utility Franchises

  • The general policy of the State mandates that franchises or similar authorizations for public utilities be granted only to Filipino citizens or corporations with at least 60% Filipino ownership.

Profile of the Transferee Corporation

  • Eastern Telecommunications Philippines, Inc. is a duly organized Philippine corporation.
  • It complies with the ownership requirement, having at least 60% Filipino ownership at all times.

Authorization to Transfer Franchise

  • This decree authorizes the Eastern Extension Australasia and China Telegraph Company Ltd. to sell, transfer, or assign its franchise rights under the original law to Eastern Telecommunications Philippines, Inc.
  • The authorization is subject to compliance with Section 15 of Republic Act No. 808, ensuring proper approval procedures are followed.
  • Terms and conditions of the transfer are to be agreed upon by the franchisor and the prospective transferee.

Legal Effectivity

  • The decree took effect immediately upon issuance.
  • It was signed by the President of the Philippines, exercising powers under the Constitution and martial law proclamations of that period.

Key Legal Concepts

  • Franchise: A government grant permitting operation of a public utility.
  • Transfer of Franchise: Subject to prior approval to protect public interest and regulatory compliance.
  • Ownership Requirement: Protection of national interest through Filipino ownership.
  • Authority of the President under Martial Law: Use of executive powers to issue such decrees.

Penalties and Enforcement

  • The decree does not specify penalties within its text but compliance with prior approval and ownership rules implies legal accountability for unauthorized transfer.
  • Enforcement aligns with related provisions in Republic Act No. 808 and applicable governmental regulations.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.