SECTION 1. Section 2-A of Commonwealth Act No. 108, as
amended, is hereby further amended to read as follows:
"SECTION 2-A. Any person, corporation, or association
which, having in its name or under its control, a right, franchise,
privilege, property or business, the exercise or enjoyment of which is
expressly reserved by the Constitution or the laws to citizens of the
Philippines or of any other specific country, or to corporations or
associations at least sixty per centum of the capital of which is owned
by such citizens, permits or allows the use, exploitation or enjoyment
thereof by a person, corporation or association not possessing the
requisites prescribed by the Constitution or the laws of the
Philippines; or leases, or in any other way, transfers or conveys said
right, franchise, privilege, property or business to a person,
corporation or association not otherwise qualified under the
Constitution, or the provisions of the existing laws; or in any manner
permits or allows any person, not possessing the qualifications required
by the Constitution, or existing laws to acquire, use, exploit or enjoy
a right, franchise, privilege, property or business, the exercise and
enjoyment of which are expressly reserved by the Constitution or
existing laws to citizens of the Philippines or of any other specific
country, to intervene in the management, operation, administration or
control thereof, whether as an officer, employee or laborer therein with
or without remuneration except technical personnel whose employment may
be specifically authorized by the Secretary of Justice, and any person
who knowingly . aids, assists or abets in the planning, consummation or
perpetration of any of the acts herein above enumerated shall be
punished by imprisonment for not less than five nor more than fifteen
years and by a fine of not less than the value of the right, franchise
or privilege enjoyed or acquired in violation of the provisions hereof
but in no case less than five thousand pesos: Provided, however,
that the president, managers or persons, in charge of corporations,
associations or partnerships violating the provisions of this section
shall be criminally liable in lieu thereof: Provided, further,
That any person, corporation or association shall, in addition to the
penalty imposed herein, forfeit such right, franchise, privilege, and
the property or business enjoyed or acquired in violation of the
provisions of this Act; and Provided, finally, That the election of
aliens as members of the board of directors or governing body of
corporations or associations engaging in partially nationalized
activities shall be allowed in proportion to their allowable
participation or share in the capital of such entities.
