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REPUBLIC ACT NO. 5844 - AN
ACT GRANTING ASIATIC INTEGRATED CORPORATION A FRANCHISE TO INSTALL,
OPERATE AND MAINTAIN A TELEPHONE SYSTEM IN THE PROVINCE OF BATAAN Section 1. Subject to the conditions established in this Act
and the provisions of Commonwealth Act Numbered One hundred and
forty-six, as amended, and of the Constitution, applicable thereto,
there is hereby granted to the Asiatic Integrated Corporation,
hereinafter called the grantee, its successors or assigns, for a period
of twenty-five years from the approval of this Act, the right and
privilege to construct, maintain and operate in the Province of Bataan,
a telephone system to carry on the business of the electrical
transmission of conversations and signals in said province.
Sec. 2. All poles erected and all conduits constructed or used by the grantee shall be located in places designated by the grantee with the approval of the provincial board of the province: Provided, That all poles erected and used by the grantee or its successors or assigns shall be of such appearance as not to disfigure the streets, and the wires and cables carried by said poles and the underground cables shall be strong and laid in accordance with professional standards approved by the Public Service Commission; and said poles shall be of such height as to maintain the wires and cables stretched on the same at a height of at least fifteen feet above the level of the ground, and said wires and cables shall be so placed as not to imperil the public safety, in accordance with the plan approved by the Public Service Commission: Provided, further, That whenever twenty-five or more pairs of wires or other conductors are carried on one line of poles in any place of any poblacion of the province, said wires or conductors shall be placed in one cable, and whenever more than eight hundred pairs of wires or other conductors are carried on one line of poles, said wires or conductors shall be placed underground by the grantee, it successors are assigns, whenever ordered to do so by the Public Service Commission. Sec. 3. For the purpose of erecting and placing the poles or other supports of such wires or other conductors or of laying and maintaining underground said wires, cables or other conductors, it shall be lawful for the grantee, its successors or assigns, to make excavations or lay conduits in any of the public places, highways, streets, alleys, lanes, avenues, sidewalks or bridges in the province: Provided, however, That any public place, highway, street, alley, avenue, sidewalk or bridge disturbed, altered or changed by reason of the erection of poles or other supports, or the laying underground of wires or other conductors, or of conduits, shall be repaired and restored to the satisfaction of the engineer of the province, and removing from the same all rubbish, dirt, refuse, or other material which may have been placed there or taken up in the erection of said poles or the laying of said underground conduits, leaving them in as good condition as they were before the work was done. Sec. 4. Whenever any person has obtained permission to use any of the streets of the municipality concerned for the purpose of removing any building or in the prosecution of any municipal work or for any other cause whatsoever, making it necessary to raise or remove any of said wires or conduits which may obstruct or hinder the prosecution of said work, the said grantee, upon notice by the municipal council of the municipality served upon said grantee at least forty-eight hours in advance, shall raise or remove any of said wires or conduits which may hinder the prosecution of such work or obstruct the removal of said building, so as to allow the free and unobstructed passage of said building and the free and unobstructed prosecution of said work, and the person or entity at whose request the wires or poles or other structures have been removed, shall pay one-half of the actual costs of replacing the poles or raising the wires and other conductors or structures. The notice shall be in the form of a resolution duly adopted by the municipal council of the municipality concerned served upon the grantee or its duly authorized representatives or agents by a person competent to testify as witness in a civil action, and in case of refusal or failure of the grantee to comply with such notice, the municipal mayor with the proper approval of the provincial board of the province first had, as the case may be, shall order such wires or conduits to be raised or removed at the expense of the grantee, for the purpose aforesaid. Sec. 5. All apparatus and appurtenances used by the grantee, its successors or assigns, shall be modern and first class in every respect, and all telephone lines or installations used maintained and operated in connection with this franchise by the grantee, its successors or assigns, shall be kept and maintained at all times in a satisfactory manner, so as to render an efficient and adequate telephone service, and it shall be the further duty of said grantee, its successors or assigns, whenever required to do so by the Public Service Commission, to modify, improve and change such telephone system for the electrical transmission of conversations and signals by means of electricity in such manner and to such extent as the progress of science and improvements in the method of electrical transmission of conversations and signals by means of electricity may make reasonable and proper. Sec. 6. The grantee, it successors or assigns, shall keep a separate account of the gross receipts of its telephone business, and shall furnish the Auditor General and the Treasurer of the Philippines a copy each of such account not later than thirty-first day of July of each year for the twelve months preceding the first day of July. Sec. 7. Within sixty days from the approval of this Act, the grantee shall file with the Public Service Commission its application for a certificate of convenience and public necessity. In case of failure to make said application within the period established, this franchise shall become null and void. Sec. 8. The grantee shall not commence any construction whatever, pursuant to this franchise without first obtaining a certificate of convenience and public necessity from the Public Service Commission of the form and character provided for in Commonwealth Act Numbered One hundred and forty-six, as amended, specifically authorizing such construction. The grantee shall not exercise any right or privilege under this franchise without first having obtained such certificate of convenience and public necessity from the Public Service Commission. The Public Service Commission shall have the power to issue such certificate of convenience and public necessity whenever it shall, after due hearing, determine that such construction or such exercise of the rights and privileges under this franchise is necessary and proper for the public convenience, and the Commission shall have the power in issuing such certificate to impose such conditions as to construction, equipment, maintenance, service or operation as the public convenience and interest may reasonably require, and such certificate shall state the date in which the grantee shall commence construction and the period within which the work shall be completed. In order to avail itself of the rights granted by such certificate of convenience and public necessity, the grantee shall file with the Public Service Commission, within such period as said Commission shall fix, its written acceptance of the terms and conditions of this franchise and of the certificate together with the documents evidencing the fact that the deposit required in Section nine has been made. In the event that the grantee shall not commence the telephone service referred to in the certificate obtained and filed as herein provided within such period as the Public Service Commission shall have fixed, said Commission may declare said certificate null and void and the deposit made pursuant to Section nine of this Act forfeited to the National Government unless the grantee shall have been prevented from doing so by fortuitous cause or force majeure, usurped or military power, martial law, riot, uprising or other inevitable cause: Provided, however, That if the grantee shall have been prevented by any of said causes from commencing the telephone service within the period specified, the time during which it shall have been so prevented shall be added to said period; Provided, further, That failure on the part of the grantee to accept conditions of this franchise and those imposed in the certificate of convenience and public necessity shall automatically void this franchise. Sec. 9. Upon written acceptance of the terms and
conditions of this franchise, the grantee shall deposits with the
Treasurer of the Philippines five thousand pesos, or negotiable bonds
of the Government of the Philippines or other securities approved by
the Secretary of Public Works and Communications, of the face value of
five thousand pesos, as an earnest of good faith in accepting this
franchise and a guaranty that, within six months from the date of the
granting by the Public Service Commission of a certificate of
convenience and public necessity authorizing construction and operation
by the grantee of a telephone service in the Province of Bataan, the
grantee, its successors or assigns, will be completely provided with
the necessary equipment and ready to begin operation in accordance with
the terms of this franchise: Provided, That if the deposit is made in
money the same shall be deposited at interest in some interest-paying
bank approved by the Secretary of Public Works and Communications, and
all interest accruing and due on such deposit shall be collected by the
Treasurer of the Philippines and paid to the grantee, its successors or
assigns, on demand: And provided, further, That if the deposit made
with the Treasurer of the Philippines be in negotiable bonds of the
Government of the Philippines or other interest-bearing securities
approved by the Secretary of Public Works and Communications, the
interest on such bonds or securities shall be collected by the
Treasurer of the Philippines and paid to the grantee, its successors or
assigns, on demand. Enacted without Executive
approval, June 21, 1969. |
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