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PRESIDENTIAL DECREE NO. 240
PRESIDENTIAL DECREE NO. 240 -
AUTHORIZING THE POSTMASTER GENERAL TO SUPERVISE, REGULATE AND CONTROL
THE OPERATIONS OF PRIVATE EXPRESS AND/OR MESSENGER DELIVERY SERVICE
FIRMS AND TO ISSUE, GRANT, EXTEND, SUSPEND, OR CANCEL FRANCHISES OR
PERMITS FOR SUCH FIRMS
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chanroblesvirtualawlibrary
WHEREAS, it
is necessary to systematize the supervision and control over the
carriage and dissemination of mailable matter for the good of the
public and in the interest of national security;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, as amended, do hereby
order and decree: chanroblesvirtualawlibrary
Section 1. No express and/or messenger delivery
service firm shall operate in the Philippines without possessing
"Authority to Operate and/or Messenger Delivery Service" to be issued
by the Postmaster General.
Section 2. All express and/or messenger delivery
service firms now operating under any franchise or other authority
granted either by the former Congress of the Philippines or the defunct
Public Service Commission or any government office, shall, within
thirty (30) days from the date of approval of this Decree, secure the
necessary "Authority to Operate an Express and/or Messenger Delivery
Service" from the Postmaster General otherwise their present franchise
and/or authority to operate such service shall be considered cancelled
and of no effect after the lapse of said thirty days.
Section 3. For the purpose of this Decree, the terms
"express and/or messenger delivery service firm" includes every
individual, co-partnership, joint-stock company or corporation, their
leases, trustees or receiver, that now or hereafter may own, operate,
manage, or control in the Philippines, for hire or compensation, with
general or limited clientele, whether permanent occasional or
accidental, and done for general business purposes, any service for the
personal delivery for other persons of oral or written messages and any
mailable matter, except telegrams. A person or his employee delivering
any article owned by him is not conducting an express and/or messenger
delivery service within the context of this Decree.
Section 4. In addition to his existing powers under
present laws, the Postmaster General or his duly authorized
representative, in order to prevent dissemination thru private express
and/or messenger delivery service firm of articles which are harmful to
national security, public welfare and interest; to insure safe and
proper handling of articles sent thru private express and/or messenger
delivery service firm and in order to present ruinous competition among
private express and/or messenger delivery firm, shall have the
following powers;chanroblesvirtualawlibrary
(a) Exercise jurisdiction, supervision, and control
over any express and/or messenger delivery service firm, its authority
to operate, equipment and other properties, and in the exercise of this
power it shall have thed of the public police force; chanroblesvirtualawlibrary
(b) To grant or issue certificates which shall be
known as "Authority to Operate Express and/or Messenger Delivery
Service" whenever he finds that the operation of the express and/or
messenger delivery service will promote the public interest in a proper
and suitable manner: Provided, That no such authority shall be issued
for a period of more than 15 years;chanroblesvirtualawlibrary
(c) To extend, suspend, or cancel as the case may be,
at any time any "Authority to Operate Express and/or Messenger Delivery
Service" when public interest so requires or whenever the holder
thereof has violated any order, rule, or regulation of the Bureau of
Posts or as may be prescribed by the Postmaster General;chanroblesvirtualawlibrary
(d) To promulgate such reasonable rules, regulations,
and practices as will enable it to effectively exercise its powers or
to safeguard public interest; chanroblesvirtualawlibrary
(e) To fix and determine rates and charges of any
express and/or messenger delivery service;chanroblesvirtualawlibrary
(f) To exclude from being carried by express and/or
messenger delivery service any article which the Postmaster General
considers harmful to public welfare, national security, public morals
and decency, and to confiscate and dispose such articles in the manner
he may prescribe;chanroblesvirtualawlibrary
(g) To compel an express and/or messenger delivery
service firm to maintain adequate and specific records of transactions
and operations, and to exhibit the same to the Postmaster General, or
his duly authorized representative upon demand.
Section 5. All mailable articles accepted from the
client for delivery by an express and/or messenger delivery service
firm shall be considered mail matter in so far as fidelity in the
handling and treatment thereof is concerned, and criminal liability
under existing laws shall accrue to any person who violates said mail
matter.
Section 6. Any provision of law in conflict therewith
is revoked or amended accordingly. chanroblesvirtualawlibrary
Section 7. This Decree shall take effect immediately.
Done in the City of Manila,
this 9th day of July, in the year of Our Lord, nineteen hundred and
seventy-three.
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