AN ACT EXPANDING THE AREA OF OPERATION OF THE FRANCHISE OF EDISON C. ESPINOSA
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AN ACT EXPANDING THE AREA OF OPERATION OF THE FRANCHISE OF EDISON C. ESPINOSA
Republic Act No. 9283
April 1, 2004
Case Overview and Summary
Summary of Republic Act No. 9283Nature and Scope of Franchise (Section 1):
- Grants Edison C. Espinosa, the grantee, and its successors or assigns a franchise to establish, install, operate and maintain public radiotelephone coastal stations in the Philippines for commercial purposes.
- Allows transmission and reception of radiotelephone communications with vessels at sea within and outside the Philippines.
Conversion to a Corporation (Section 2):
- The grantee must transfer the ownership of the franchise to a corporation within 6 months from the approval of this Act.
- The grantee must retain majority ownership of the corporation.
- Non-compliance will result in the franchise being automatically revoked (ipso facto revoked).
Tax Provisions (Section 3):
- The grantee, successors or assigns are subject to payment of all taxes, duties, fees, charges and other impositions under the National Internal Revenue Code (NIRC) of 1997, as amended, and other applicable laws.
- Tax exemptions, incentives or privileges granted under relevant laws are not repealed.
- All rights, privileges, benefits and exemptions accorded to existing and future telecommunications franchises shall also be extended to the grantee.
- The grantee must file tax returns with the city or province where its principal office is located and pay taxes to the Commissioner of Internal Revenue or authorized representatives, subject to audit by the Bureau of Internal Revenue.
Dispersal of Ownership (Section 4):
- To encourage public participation in public utilities, the grantee must offer at least 30% of its outstanding capital stock, or a higher percentage as may be provided by law, in any securities exchange in the Philippines within 5 years from the commencement of its operations as a corporation.
- Non-compliance will result in the franchise being automatically revoked (ipso facto revoked).
Equality Clause (Section 5):
- Any advantage, favor, privilege, exemption, or immunity granted under existing franchises, or may hereafter be granted, shall automatically become part of this franchise and be accorded immediately and unconditionally to the grantee.
- However, this does not apply to provisions concerning territory covered by the franchise, the life span, or the type of service authorized by the franchise.
Effectivity Clause (Section 6):
- This Act shall take effect 15 days from the date of its publication, upon the initiative of the grantee, in at least two papers of general circulation in the Philippines.
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AN ACT EXPANDING THE AREA OF OPERATION OF THE FRANCHISE OF EDISON C. ESPINOSA
Republic Act No. 9283
•April 1, 2004
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth CongressThird Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
Republic Act No. 9283             April 1, 2004
AN ACT EXPANDING THE AREA OF OPERATION OF THE FRANCHISE OF EDISON C. ESPINOSA, AMENDING FOR THE PURPOSE SECTION 1 OF REPUBLIC ACT NO. 8101 AND CONVERTING THE GRANTEE INTO A CORPORATION
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 1 of Republic Act No. 8101 entitled, "An Act Granting Edison C. Espinosa A Franchise To Establish, Install, Operate And Maintain Public Radiotelephone Coastal Stations in Region VI To Be Based in Iloilo City and Bacolod City For The Transmission And Reception Of Radiotelephone Communications Within And Outside The Philippines," is hereby amended to read as follows:
"SECTION 1. Nature and Scope of Franchise. - Subject to the provisions of the Constitution and applicable laws, rules and regulations, there is hereby...
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