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.