[ Act No. 3913, November 28, 1931 ]
AN ACT GRANTING TO DAVAO TELEPHONE COMPANY A FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A TELEPHONE SYSTEM IN THE PROVINCE OF DAVAO AND ANY MUNICIPALITY OR MUNICIPALITIES THEREOF.
Be it enacted by the Senate and House of Representatives of the Philippines in
Legislature assembled and by the authority of the same:
Section 1. Subject to the conditions established in this Act and the provisions of Act Numbered Thirty-one hundred and eight and amendments thereof, applicable thereto, there is hereby granted to Davao Telephone Company, his successors or assigns, for a period of fifty years from the approval of this Act, the right and privilege to construct, maintain and operate in the municipality of Davao and in the municipalities and municipal districts adjoining thereto, in the Province of Davao a telephone system to carry on the business of the electrical transmission of conversations and signals in said province and in and between the municipalities thereof. For this purpose, the grantee is hereby authorized to use all municipal and provincial roads, streets, and public thoroughfares for the construction, maintenance, and operation of all apparatus, conductors, and appliances necessary for the electrical transmission of conversations and signals, to erect poles, string wires, build conduits, lay cables, and to construct, maintain, and use such other approved and generally accepted means of electrical conduction in, on, over, or under the public roads, highways, lands, bridges, streets, lanes, and sidewalks of said province and municipalities, and overhead or underground lines or on the surface of the ground as may be necessary and best adapted to said transmission.
Section 2. All poles erected and all conduits constructed or used by the grantee shall be located in places designated by the provincial or municipal authorities, according to whether the road is provincial or municipal: Provided, That all poles erected and used by the grantee or its successors 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 strung and laid in accordance with professional standards approved by the Public Service Commission; and said poles shall be of such a 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 a 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 the poblacion of any municipality of the Province of Davao, said wires or conductors shall be placed in one cable, and that whenever more than eight hundred pairs of wires or other conductors are carried on one line of roles said wires or conductor, shall be placed underground by the grantee, its successors or assigns, whenever ordered so to do by the Public Service Commission.
Section 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 of Davao: Provided, however, That any public place, highway, street, alley, lane, 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 district 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.
Section 4. Whenever any person has obtained permission to use any of the streets of said municipalities 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 concerned, 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 cost of replacing the poles or raising the wires and other conductors or structures. The notice shall be in form of a resolution duly adopted by the municipal council and served upon the grantee or its duly authorized representative or agent 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 president concerned, with the proper approval of the municipal council first had, shall order such wires or conduits to be raised or removed at the expense of the grantee, for the purposes aforesaid.
Section 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.
Section 6. The grantee, his successors or assigns, shall keep a separate account of the gross receipts of their telephone receipts-business in each municipality of the province, and shall furnish to the Insular Auditor and the Insular Treasurer a copy of such account not later than the thirty-first day of July of each year for the twelve months preceding the first day of July.
Section 7. The grantee, its successors or assigns, shall be liable to pay the same taxes on their real estate, buildings, and personal property, exclusive of this franchise, as other persons or corporations are now or hereafter may be required by law to pay. In addition, the grantee, his successors or assigns, shall pay to the Insular Treasurer each year, within ten days after the audit and approval of the accounts as prescribed in section six of this Act, one per centum of all gross receipts of the telephone business transacted under this franchise by the grantee, its successors or assigns, and the said percentage shall be in lieu of all taxes on this franchise or its earnings,
Section 8. Within sixty days from the approval of this Act, the grantee shall file with the Public Service Commission his application for a certificate of public necessity and convenience. In case of failure to make said application within the period established, this franchise shall become null and void.
Section 9. The grantee shall not commence any construction whatever pursuant to this franchise without first obtaining a certificate of public necessity and convenience from the Public Service Commission of the form and character provided for in Act Numbered Thirty-one hundred and eight, as amended, specifically authorizing such construction. The grantee shall not exercise any right or privilege privilege under this franchise without first having obtained such certificate of public necessity and convenience from the Public Service Commission. The Public Service Commission shall have the power to issue such certificate of public necessity and convenience 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 so approving to impose such conditions as to construction, equipment, maintenance, service or operation as the public convenience and interests may reasonably require, and such certificate shall state the date on 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 public necessity and convenience, 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 document evidencing the fact that the deposit required in section ten 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 ten of this Act forfeited to the Insular 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 one or more of all such causes for 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 the conditions of this franchise and those imposed in the certificate of public necessity and convenience shall automatically avoid this franchise.
Section 10. Upon the written acceptance of the terms and conditions of this franchise, the grantee shall deposit in the Insular Treasury one thousand pesos, or negotiable bonds of the United States or other securities approved by the Secretary of Commerce and Communications, of the face value of one 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 public necessity and convenience authorizing the construction and operation by the grantee of a telephone service in any municipality or municipalities of the Province of Davao 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 Commerce and Communications, and all interest accruing and due on such deposit shall be collected by the Insular Treasurer and paid to the grantee, its successors or assigns, on demand: And provided, further, That if the deposit made with the Insular Treasurer be in negotiable bonds of the United States or other interest bearing securities approved by the Secretary of Commerce and Communications, the interest on such bonds or securities shall be collected by the Insular Treasurer and paid over to the grantee, its successors or assigns, on demand.
Should the said grantee, its successors or assigns, for any other cause than the act of God, the public enemy, usurped or military power, martial law, riot, civil commotion, or inevitable cause, fail, refuse, or neglect to begin within twelve months from the date of the granting of said certificate of public necessity and convenience, the business of transmitting messages by telephone, or fail, refuse, or neglect to be fully equipped and ready to operate, within twelve months from the date of the granting of said certificate of public necessity and convenience, the telephone service in the municipality or municipalities of the Province of Davao applied for by the grantee according to the terms of this franchise, then the deposit prescribed by this section to be made with the Insular Treasurer, whether in money, bonds, or other securities, shall become the property of the Insular Government as liquidated damages caused to such Government by such failure, refusal, or neglect, and thereafter no interest on said bonds or other securities deposited shall be paid to the grantee, its successors or assigns. Should the said grantee, its successors or assigns, begin the business of transmitting messages by telephone and be ready to operate according to the terms of this franchise, the telephone service in the municipality or municipalities of the Province of Davao within twelve months from the date of the granting of said certificate of public necessity and convenience, then and in that event the deposit prescribed by this section shall be returned by the Insular Government to the grantee, its successors or assigns, upon recommendation of the Public Service Commission, as soon as the telephone service in the municipality or municipalities of the Province of Davao applied for by the grantee has been installed in accordance with the terms of this franchise: Provided, further, That all the time during which the grantee, its successors or assigns, may be prevented from carrying out the terms and conditions of this franchise by any of said causes shall be added to the time allowed by this franchise for compliance with its provisions.
Section 11. The books and accounts of the grantee, its successors or assigns, shall always be open to the inspection of the district auditors or their authorized representatives, and it shall be the duty of the grantee to submit to the Insular Auditor quarterly reports in duplicate showing the gross receipts and the net receipts for the quarter past and the general condition of the business.
Section 12. The rights herein granted shall not be exclusive, and the rights and power to grant to any corporation, association, or person other than the grantee franchise for the telephone or electrical transmission of messages or signals shall not be impaired or affected by the granting of this franchise: Provided, That the poles erected, wires strung or cables or conduits laid by virtue of any franchise for telephone, or other electrical transmission of messages and signals granted subsequent to this franchise shall be so placed as not to impair the efficient and effective transmission of conversations or signals under this franchise by means of poles erected, wires strung, or cables or conduits actually laid and in existence at the time of the granting of said subsequent franchise: And provided, further, That the Public Service Commission, after hearing both parties interested, may compel the grantee of this franchise or its successors or assigns, to remove, relocate, or replace its poles, wires or conduits; but in such case the reasonable cost of the removal, relocation, or replacement shall be paid by the grantee of the subsequent franchise or its successors or assigns to the grantee of this franchise or its successors or assigns.
Section 13. The grantee, its successors or assigns, shall hold the Insular, provincial, city and municipal governments harmless from all claims, accounts, demands, or actions arising out of accidents or injuries, whether to property or to persons, caused by the construction or operation of the telephone or other electrical transmission system of the said grantee, its successors or assigns.
Section 14. The rates for the telephone service, flat rates as well as measured rates, shall be subject to the approval of the Public Service Commission.1aшphi1
The monthly rates for telephones having a metallic circuit within the limits of the poblacion of the municipality shall also be approved by the Public Service Commission.
Section 15. The grantee shall not, without the previous and explicit approval of the Philippine Legislature, directly or indirectly, transfer, sell, or assign this franchise to any person, association, company, or corporation or other mercantile or legal entity.
Section 16. The grantee may install, maintain, operate, purchase or lease such telephone stations, lines, cables or system, as is, or are, convenient or essential to efficiently carry out the purpose of this franchise: Provided, however, That the grantee, his successors or assigns shall not, without the permission of the Public Service Commission first had, install, maintain, operate, purchase or lease such stations, lines, cables or systems.
Section 17. The Philippine Government shall have the privilege, without compensation, of using the poles of the grantee to attach one ten-pin crossarm, and to install, maintain and operate wires of its telegraph system thereon: Provided, however, That the Bureau of Posts shall have the right to place additional crossarms and wires on the poles of the grantee by paying a compensation, the rate of which is to be agreed upon by the Director of Posts and the grantee: Provided, further, That in case of disagreement as to rate of contract rental, same shall be fixed by the Public Service Commission. The municipalities shall also have the privilege, without compensation, of using the poles of the grantee, to attach one standard crossarm, and to install, maintain and operate wires of a local police and fire alarm system; but the wires of such telegraph lines, police or fire alarm system shall be placed and strung in such manner as to cause no interference with or damage to the wires of the telephone service of the grantee.
Section 18. This franchise is granted with the understanding and upon the condition that it shall be subject to amendment, alterations, or repeal by the Congress of the United States as provided in section twenty-eight of the Act of Congress approved August twenty-ninth, nineteen hundred and sixteen, entitled "An Act to declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those Islands," and that it shall be subject, in all respects, to the limitations upon corporations and the granting of franchises contained in said Act of Congress, and that all lands or rights of use or occupation of lands secured by virtue of this franchise shall revert upon its termination to the Insular, provincial, or municipal governments which were the owners thereof upon the date on which this franchise was granted.
The foregoing provisions and all other terms and provisions of section seventy-four of the Act of Congress approved July first, nineteen hundred and two, applicable to the grantee of franchises or concessions or their successors or assigns, are hereby incorporated in and made part of these presents, with the same effect as if they were expressed herein.
Section 19. The grantee shall purchase the property used by the provincial government for the operation of a similar service in the Province of Davao and the provincial government shall sell said property together with all rights and privileges now enjoyed by said provincial government, at the price agreed upon by the grantee and the provincial board. In case of disagreement as to the purchase price, the Public Service Commission shall be authorized to act as referee and to determine the reasonable price at which said property shall be conveyed, after hearing both parties, and its decision shall be final.
Section 20. Whenever in this franchise the term "grantee" is used, it shall be held and understood to mean and represent Davao Telephone Company, its representatives, successors or assigns.
Section 21. This Act shall take effect on its approval.
Approved, November 28, 1931.
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