PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES
REPUBLIC ACTS
AN ACT AMENDING REPUBLIC ACT NO.
8339, ENTITLED "AN ACT GRANTING AIR
PHILIPPINES CORPORATION (AIR PHILIPPINES) A FRANCHISE TO ESTABLISH,
OPERATE AND MAINTAIN DOMESTIC AND INTERNATIONAL AIR TRANSPORT SERVICES."
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Section
1. Section 11 of Republic Act No. 8339 is
hereby amended to read as follows:
"Sec.
11. Tax Provisions. � The grantee, its successors or
assigns, shall pay to the Philippine Government during the life of its
franchise a franchise tax of five percent (5%) of the gross revenues
derived by the grantee from its transport operations.
In the event that any competing individual, partnership or corporation receives or enjoys tax privileges and other favorable terms which tend to place the herein grantee at any disadvantage, then such provisions shall be deemed ipso facto part hereof and shall operate equally in favor of the grantee. The grantee shall, however, be subject to income tax levied under Title II of the National Internal Revenue Code, as amended, and tax on its real property under existing laws on revenues earned from activities other than air transportation." Sec. 2. Sec. 14 of Republic Act No. 8339 is hereby amended to read as follows:
"Sec.
14. Dispersal of Ownership. � In accordance with
constitutional provisions to encourage public participation in public
utilities, the grantee shall offer at least thirty percentum (30%) of
its outstanding capital stock or a higher percentage that may hereafter
be provided by law in any securities exchange in the Philippines within
ten (10) years from the commencement of its operations. Non-compliance
therewith shall render the franchise ipso facto revoked."
Sec. 3. Sec. 15 of Republic Act No. 8339 is hereby amended to read as follows:
"Sec.
15. Non-exclusivity Clause. � This franchise shall
not be interpreted to mean as an exclusive grant of the privileges
herein provided for."
Sec. 4. Sec. 17 of Republic Act No. 8339 is hereby amended to read as follows:
"Sec.
17. Repealability Clause. � This franchise shall be
subject to amendment, alteration or repeal by the Congress of the
Philippines when the public interest so requires."
Sec. 5. Separability Clause. � If any of the Sec.s or provisions of this Act is held or declared unconstitutional or invalid by a competent court in a final judgment, all the other Sec.s or provisions not affected thereby shall remain valid. Sec. 6. Effectivity. � This Act shall take effect fifteen (15) days from the date of its publication, upon the initiative of the grantee, in at least two (2) newspapers of general circulation in the Philippines.
(Note: Lapsed into law on July 26,
2003 without the signature of the President,
in accordance with Article VI, Sec. 27 (1) of the Constitution) |