PHILIPPINE LAWS, STATUTES & CODES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
ACT NO. 5453
REPUBLIC ACT NO. 5453 - AN
ACT GRANTING TERESITA TIROL GARGANTIEL A FRANCHISE TO CONSTRUCT,
OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY
OF BAYAWAN, PROVINCE OF NEGROS ORIENTAL, AND TO SELL ICE AND TO SUPPLY
TO COLD STORAGE THEREIN AND TO NEIGHBORING MUNICIPALITIES
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1. Subject to the conditions imposed by this Act,
there is hereby granted to Teresita Tirol Gargantiel, herein referred
to as the grantee, a franchise to construct, operate and maintain an
ice plant and cold storage in the Municipality of Bayawan, Province of
Negros Oriental, for the purpose of manufacturing and distributing ice
and supplying cold storage therein and to its neighboring
municipalities, and to collect and charge a schedule of prices and
rates for the ice and cold storage furnished.
Sec. 2. The grantee shall manufacture and supply
ice up to the limit of the capacity of her plant and/or plants.
Sec. 3. The apparatus and appurtenance to be used
by the grantee shall be modern, safe and first class in every respect
and the grantee, whenever the Congress shall determine that public
interest reasonably requires it, shall change or alter any of the
apparatus and appurtenances at the grantee's expense.
Sec. 4. The franchise shall continue for a period
of twenty-five years from the date said plant and cold storage is
placed in operation and/or commences the manufacture and distribution
of ice in the Municipality of Bayawan and in its neighboring
municipalities, subject to the express condition that the franchise
shall be null and void unless the construction of at least one plant
and cold storage be begun within four years from the date of the
approval of this Act and completed within six years from said date,
except when prevented by an act of God, or force majeure, martial law,
riot, civil commotion, usurpation by military power or any other cause
beyond the grantee's control.
Sec. 5. The books, records and accounts of the
grantee shall always be open to inspection by the municipal treasurer
and/or his authorized representatives, and it shall be the duty of the
grantee to submit to the municipal treasurer a quarterly report 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. 6. This franchise is granted subject to the
provisions of the Constitution, Commonwealth Act Numbered One hundred
forty-six, as amended, and Act Numbered Fourteen hundred and
fifty-nine, as amended; and with the understanding and upon the
condition that it shall be subject to amendment, alteration, or repeal
by the Congress of the Philippines when public interest so requires.
Sec. 7. The grantee shall not commence any
construction nor exercise the rights and privileges herein granted
without first communicating to the Secretary of Public Works and
Communications her acceptance and conformity to the terms and
conditions of this franchise within two years from the date of the
approval of this Act.
Sec. 8. 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 a 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.
Sec. 9. This Act shall take effect upon its
Approved: September 30, 1968
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