PHILIPPINE LAWS, STATUTES & CODES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
ACT NO. 5840
REPUBLIC ACT NO. 5840 - AN
ACT GRANTING JESUS SOL A FRANCHISE TO INSTALL, MAINTAIN AND OPERATE AN
ELECTRIC LIGHT, HEAT, POWER AND ICE PLANT IN THE MUNICIPALITY OF
GINATILAN, PROVINCE OF CEBU
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1. Subject to the terms and conditions established in
Act Numbered Thirty-six hundred thirty-six, as amended by Commonwealth
Act Numbered One hundred thirty-two, and to the provisions of the
Constitution, there is hereby granted to Jesus Sol in the Municipality
of Ginatilan, Province of Cebu, for a period of twenty-five years from
the approval of this Act, the right, privilege and authority to
install, maintain and operate an electric light, heat and power system
and ice plant for the purpose of generating, distributing electric
light, heat and/or power and of manufacturing ice for sale within the
limits of the said municipality.
Sec. 2. In the event that the grantee shall
purchase and secure from the National Power Corporation electric heat
and power, the National Power Corporation is hereby authorized to
negotiate and transact for the benefit and in behalf of the public
consumers with reference to rates.
Sec. 3. The grantee shall manufacture and supply
ice up to the limit of the capacity of his plant, said limit to be
determined by the Public Service Commission.
Sec. 4. All the apparatus and appurtenances to be
used by the grantee shall be modern, safe and first class in every
respect, and the grantee shall, whenever the Public Service Commission
shall determine that public interest reasonably requires it, change or
alter any of its apparatus and appurtenances at grantee's expense.
Sec. 5. If the grantee shall not commence the
manufacture and distribution of ice and the generation of electric
light, heat and power in the Municipality of Ginatilan, Province of
Cebu, 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 military power or any other cause beyond the grantee's
control, this franchise shall be null and void.
Sec. 6. This franchise is granted subject to the
provisions of the Constitution and Commonwealth Act Numbered One
hundred forty-six, as amended and with the understanding and upon
condition that it shall be subject to amendment, alteration, or renewal
by the Congress of the Philippines, when public interest so requires.
Sec. 7. The books, records and accounts of the
grantee shall always be open to the inspection of the Auditor General
or his authorized representatives, and it shall be the duty of the
grantee to submit to the Auditor General quarterly reports in duplicate
showing the gross receipts for the quarter past.
Sec. 8. In consideration of this franchise the
grantee shall pay a tax equivalent to five per centum of its gross
Sec. 9. It is expressly provided that in the event
the Government should desire to maintain and operate for itself the
system and enterprise herein authorized, the grantee shall surrender
his franchise and will turn over to the Government all serviceable
equipment therein, at cost, less reasonable depreciation.
SECTION 10. This Act shall take effect upon its
Enacted without Executive
approval, June 21, 1969.
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