PHILIPPINE LAWS, STATUTES & CODES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
ACT NO. 5415
REPUBLIC ACT NO. 5415 - AN
ACT GRANTING ROBERTO O. MARTINEZ A FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF DIPOLOG,
PROVINCE OF ZAMBOANGA DEL NORTE, AND TO SELL ICE AND SUPPLY COLD
STORAGE IN THE CITY OF DAPITAN AND IN THE PROVINCE OF ZAMBOANGA DEL
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1. Subject to the terms and conditions established in
this Act and in Commonwealth Act Numbered One hundred forty-six, as
amended, and to the provisions of the Constitution, there is hereby
granted to Roberto O. Martinez, hereinafter referred to as the grantee,
for a period of twenty-five years from the approval of this
Act, the right, privilege and authority to construct,
operate and maintain an ice plant and cold storage in the Municipality
of Dipolog, Province of Zamboanga del Norte, for the purpose of
manufacturing ice for distribution and sale, and for supplying cold
storage in the City of Dapitan and the Province of Zamboanga del Norte,
and to charge and collect a schedule of prices and rates therefor which
schedule of prices shall at all times be subject to regulation by the
Public Service Commission or its legal successor.
Sec. 2. The grantee shall manufacture and supply
ice up to the limit of fifty tons which shall be the capacity of his
Sec. 3. The apparatus and appurtenances to be used
by the grantee shall be modern, safe and first class in every respect.
Whenever the Public Service Commission shall determine that public
interests reasonably requires it, the grantee shall change or alter any
of the apparatus and appurtenances at grantee's expense, and should the
demand for ice at any time increase beyond the capacity of the plant of
the grantee to supply the same, said capacity of the plant shall be
increased by the grantee to meet such demand and in accordance with the
decision of the Public Service Commission or its legal
Sec. 4. If the grantee shall not commence the
construction of his ice plant and cold storage within two years from
the approval of this Act, unless prevented by an act of God or force
majeure, martial law, riot, civil commotion, usurpation by a military
power or any other cause beyond the grantee's control, this franchise
shall become null and void.
Sec. 5. This franchise is granted with the
understanding and upon the condition that it shall be subject to
amendment, alteration, or repeal by the Congress of the Philippines
when the public interest so requires.
Sec. 6. The books, accounts and records of the
grantee shall always be open to inspection by the municipal treasurer
or his authorized representatives, and it shall be the duty of the
grantee to submit to the municipal treasurer quarterly reports in
duplicate showing the gross receipts for the past quarter, one of which
shall be forwarded by the municipal treasurer to the Auditor General
who shall keep the same on file.
Sec. 7. In consideration of the franchise and
rights hereby granted, the grantee shall pay a franchise tax equal to
five per centum of the gross earnings under this franchise two per
centum of which shall accrue to the National Government and three per
centum to the municipality where the franchise is in operation.
Sec. 8. This franchise is granted subject to the
provisions of Commonwealth Act Numbered One hundred forty-six, as
amended; only with respect to the fixing of rates.
Sec. 9. The grantee, with the approval of the
Congress of the Philippines first had, may sell, lease, grant, convey,
assign, give in usufruct, or transfer this franchise and all property,
equipment and rights acquired and operated thereunder to any qualified
individual, association of persons or corporation competent to operate
the business hereby authorized: Provided, however, That the grantee is
hereby authorized to mortgage this franchise in favor of the
Development Bank of the Philippines or any other government-owned or
controlled lending institution: And provided, further, That all
properties or equipment used in the business are also mortgaged
together with said franchise.
SECTION 10. In the event of any competing individual,
association of persons, or corporation receiving from the Congress of
the Philippines a similar franchise in which there shall be any term or
terms more favorable than those herein granted or tending to place the
herein grantee at any disadvantage, then such term or terms shall ipso
facto become part of the terms hereof and shall operate equally in
favor of the grantee as in the case of said competing individual,
association of persons, or corporation.
SECTION 11. This Act shall take effect upon its
Enacted without Executive
approval, June 15, 1968.
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