An Act Prescribing The Method Of Applying To Governments Of Municipalities, Except The City Of Manila, And Of Provinces For Franchises To Construct And Operate Street Railway, Electric Ligh
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An Act Prescribing The Method Of Applying To Governments Of Municipalities, Except The City Of Manila, And Of Provinces For Franchises To Construct And Operate Street Railway, Electric Ligh
Act No. 667
March 6, 1903
Case Overview and Summary
Summary of ACT No. 667:Prescribing the Method of Applying for Franchises
• Application process for franchises to construct and operate street railways, electric light and power lines, and telephone lines in municipalities and provinces, except Manila (Section 1)
• Details required in the application, including route, length, construction timeline, materials, rates, and percentage of gross receipts to be paid to the provincial treasury (Section 1)
Conditions for Granting Franchises
• Maximum duration of 35 years, non-exclusive (Section 2, First)
• Minimum payment of 0.5% of gross earnings to the provincial treasury (Section 2, Second)
• Rates subject to regulation by the Philippine Commission or legislative body (Section 2, Third)
• Failure to construct within the specified time can lead to forfeiture (Section 2, Fourth)
• Proper installation and maintenance of poles, wires, and equipment to ensure public safety and minimal inconvenience (Section 2, Sixth)
• Approval required from the municipal council, provincial board, and Civil Governor (Section 2, Seventh)
• Failure to build and maintain lines without consent can lead to forfeiture (Section 2, Eighth)
• Deposit of 10% of ₱5,000 for telephone, electric light, or power lines, or 10% of ₱15,000 for electric street railways as earnest money (Section 2, Ninth)
• Acceptance of the franchise in writing and filing with the Secretary of Commerce and Police (Section 2, Tenth)
Additional Conditions and Bidding Process
• Municipalities or provincial boards can stipulate additional conditions (Section 3)
• Civil Governor may require public bidding for franchises, unless there is likely to be only one bidder (Section 4)
Provisions and Limitations
• Franchises subject to alteration, modification, or repeal by Congress (Section 5)
• No exemption from taxation without a special Act of the Commission (Section 6)
• Inspection of books, quarterly reports, and payment of percentage of gross receipts to the provincial treasury (Sections 7-8)
• Franchises can be granted for lines across multiple provinces (Section 9)
• Power to issue mortgages on the franchise, plant, equipment, and property (Section 10)
• Franchise to be recorded in municipal and provincial minutes, and copy sent to Secretary of Commerce and Police (Section 11)
• No power to grant water power rights (Section 12)
• Power of eminent domain for acquiring private property, subject to Civil Governor's approval (Section 13)
• Exclusion of Manila from the provisions, except for Sections 10 and 13 (Section 14)
• Commission can grant special franchises for long and important lines without requiring municipal and provincial action (Section 15)
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Statutes
Acts
franchises
electric street railways
telephone lines
electric light and power lines
municipalities
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Philippine Commission
application process
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eminent domain
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Manila
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An Act Prescribing The Method Of Applying To Governments Of Municipalities, Except The City Of Manila, And Of Provinces For Franchises To Construct And Operate Street Railway, Electric Ligh
Act No. 667
•March 6, 1903
ACT No. 667
AN ACT PRESCRIBING THE METHOD OF APPLYING TO GOVERNMENTS OF MUNICIPALITIES, EXCEPT THE CITY OF MANILA, AND OF PROVINCES FOR FRANCHISES TO CONSTRUCT AND OPERATE STREET RAILWAY, ELECTRIC LIGHT AND POWER AND TELEPHONE LINES, THE CONDITIONS UPON WHICH THE SAME MAY BE GRANTED, CERTAIN POWERS OF THE GRANTEES OF SAID FRANCHISES AND OF GRANTEES OF SIMILAR FRANCHISES UNDER SPECIAL ACT OF THE COMMISSION, AND FOR OTHER PURPOSES.
By authority of the United States, be it enacted by the Philippine Commission, that:
Section 1. Whenever any person or corporation authorized to do such business in the Philippine Islands shall desire a franchise to construct and maintain an electric street railway, a telephone plant and line, or an electric light or power plant and line, he shall file a formal application with the council of the municipality in which or through which he desires to construct and maintain his line, stating the general route of his proposed line, whether on public streets, or roads, or on private property, the approximate length of the line,...
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