Amendment to R.A. No. 2044 (Grant of Franchise to Joseph de Castro)

June 19, 1965

REPUBLIC ACT NO. 4555

AN ACT FURTHER AMENDING REPUBLIC ACT NUMBERED TWO THOUSAND AND FORTY-FOUR, ENTITLED "AN ACT GRANTING JOSEPH DE CASTRO A FRANCHISE TO CONSTRUCT, INSTALL, MAINTAIN AND OPERATE RADIOTELEGRAPH AND/OR RADIOTELEPHONE STATIONS IN MANILA, LEGASPI, TACLOBAN, DAVAO, ZAMBOANGA AND CAGAYAN DE ORO"

SECTION 1. Section one of Republic Act Numbered Two thousand forty-four, as amended, is hereby further amended to read as follows:

"Sec. 1. There is hereby granted to the Oceanic Wireless Network, Incorporated, a Filipino corporation duly organized and existing under the laws of the Philippines, hereinafter referred to as the "grantee," a franchise to construct, install, maintain, establish and operate, in such places in the Philippines as the grantee may select, subject to the approval of the Secretary of Public Works and Communications or any licensing authority, public point-to-point commercial communication stations and systems by radio, wire, cable, satellites, and other means now known to science or which in the future may be developed for the reception and transmission of messages or record facsimile and voice, encompassing radio-telegraph-teletype and telephone with the corresponding relay stations, in the maritime, aeronautical and point-to-point international communication services, to communicate with vessels at sea and aircrafts in the air, within and outside the territorial jurisdiction of the Philippines, both foreign and of national registry, and stations in the broadcasting, television, radiophoto and facsimile services both national and international, to provide aforesaid communication services and equipment to private firms, companies and corporations for operation within their respective internal framework, and/or to communicate from within with grantee's station or stations in the network, public fixed land based point-to-point and land mobile stations."

SECTION 2. The same Act is hereby amended by inserting between Sections one and two thereof the following sections:

"Sec. 1-A. Subject to the limitations and procedure prescribed by law, the grantee is authorized to exercise the right of eminent domain insofar as may be reasonably necessary to further the establishment and efficient maintenance and operation of its communication systems, and, with the prior approval of the Secretary of Public Works and Communications or any proper authority, the grantee is authorized to construct and maintain its works of public utility and service over and across public property of the Philippines, including streets, highways, squares and reservations, underground and overhead, and other similar property of the Government of the Philippines and its branches.

"Sec. 1-B. For the purpose of carrying out the privilege granted herein, the grantee may avail of, or utilize, through purchase, lease, or other forms of arrangement with third parties, any other kinds or means of communication systems now known to science or which in the future may be developed."

SECTION 3. Section Nine-A of the same Act as inserted by Republic Act Numbered Two thousand three hundred fifty-seven is hereby amended to read as follows:

"Sec. 9-A. In consideration of the franchise and rights hereby granted and any provisions of law to the contrary notwithstanding, the grantee shall pay the same taxes as are now or may hereafter be required by law from other individuals, co-partnerships, private, public or quasi-public associations, corporations, or joint stock companies, on real estate, buildings and other personal property except radio equipment, machinery and spare parts needed in connection with the business of the grantee, which shall be exempt from customs duties, tariffs and other taxes, as well as those properties declared exempt in this section. In consideration of the franchise, a tax equal to one and one-half per centum of all gross receipts from the business transacted under this franchise by the grantee shall be paid to the Treasurer of the Philippines each year, within ten days after the audit and approval of the accounts as prescribed in this Act. Said tax shall be in lieu of any and all taxes of any kind, nature or description levied, established or collected by any authority whatsoever, municipal, provincial or national, from which taxes the grantee is hereby expressly exempted.

SECTION 4. This Act shall take effect upon its approval.

Approved: June 19, 1965

Published in the Official Gazette, Vol. 62, No. 52, p. 9782 on December 26, 1966