WHEREAS,
the improvement and expansion of the telephone industry is necessary to
facilitate the development of trade and commerce in the country;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 217 has adopted the concept of
telephone subscriber self-financing as a means to achieve and
accomplish this objective;chanroblesvirtualawlibrary
WHEREAS, there is now an urgent need to adopt a program which would
fully and effectively harness the subscriber self-financing plan to
accelerate the improvement and expansion of the telephone industry.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. Section 1, paragraph 6 of the Presidential
Decree No. 217, is hereby amended to read as follows:cralaw:red
"6. In any subscriber self-financing plan, the amount
of subscriber self-financing will, in no case, exceed fifty per centum
(50%) of the amount which results from dividing the telephone utility's
gross investment in telephone plant in service by its number of primary
stations in service, both as reported in the utility's latest audited
annual report rendered to the National Telecommunications Commission;
Provided, however, that the amount payable by the telephone subscriber
may be paid on installment or under such payment arrangement as the
National Telecommunications Commission may authorize."
Section 2. Section 2 of the same Decree is hereby
amended to read as follows:cralaw:red
"Sec. 2. The National Telecommunications Commission
shall see to it that the herein declared policies are immediately
implemented according to its existing rules of procedure, but it may
promulgate such separate or independent rules and regulations for the
implementation of the aforesaid if, in its exclusive discretion and
judgment, consistent with law, it deems such additional rules and
regulations to be necessary to carry out fully the provisions of this
Decree."
Section 3. The same Decree is hereby amended by
adding the following section immediately after Section 2 thereof:cralaw:red
"Sec. 2-A. The National Telecommunications Commission
shall have the power, upon proper notice and hearing in accordance with
its rules and regulations, to fix and determine the amounts to be
charged as subscriber investment upon the submission of the application
for that purpose by the telephone utilities; Provided, however, that
the Commission may, in its discretion, approve such amounts subscriber
investments as applied for provisionally and without the necessity of a
hearing; but it shall call a hearing thereon within thirty (30) days
thereafter, upon publication and notice to all parties affected."
Section 4. All decisions or orders of the National
Telecommunications Commission heretofore issued approving subscriber
investment plans or revisions thereof, are hereby declared valid and
legal in all respects, excepting such decisions or orders as, on the
date of this Decree, are pending review by the Supreme Court.
Section 5. All laws, executive orders, rules and
regulations or parts thereof inconsistent with this Decree are hereby
repealed or modified accordingly.
Section 6. This Decree shall take effect immediately.
Done in the City of Manila,
this 21st of July, in the year of Our Lord, nineteen hundred
eighty-three.
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