PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACTS
REPUBLIC ACT NO. 2372 - AN ACT
GRANTING BOHOL ENTERPRISES, INC., A FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF
TAGBILARAN, PROVINCE OF BOHOL, AND TO SELL ICE AND TO SUPPLY COLD
STORAGE WITHIN THE PROVINCE OF BOHOL |
Section 1.
Subject to the conditions imposed by this Act, there
is hereby granted to Bohol Enterprises, Inc., herein referred to as the
grantee, a franchise to construct, operate and maintain an ice plant
and cold storage in the Municipality of Tagbilaran, Province of Bohol,
for the purpose of manufacturing and distributing ice and supplying
cold storage within the Province of Bohol and to charge and collect a
schedule of prices and rates for the ice and cold storage so furnished,
which schedule for prices and rates shall at all times be subject to
regulation by the Public Service Commission.cralaw Sec. 2. Said grantee shall manufacture and supply ice up to the limit of the capacity of its plant, said limit to be determined by the Public Service Commission in such certificate of convenience and public necessity as may be issued by it as prescribed by section four of this Act.cralaw Sec. 3. 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 appurtenance at grantee's expense.cralaw
Sec. 4. The grantee shall not exercise any right
or privilege under this franchise nor commence any construction
thereunder, unless and until the grantee shall first file with the
Public Service Commission within one hundred and twenty days from the
date of the approval of this Act:
Sec. 5. After grantee's compliance with the
requirement of the next preceding section, the Public Service
Commission, by proper order or writ, shall authorize the construction
of necessary work for the purposes of this franchise within a
reasonable time to be determined by said Commission.cralaw
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 the
condition that it shall be subject to amendment, alteration or repeal
by the Congress of the Philippines when public interest so requires.cralaw Sec. 8. 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 and rights acquired thereunder to any individual, association or corporation competent to operate the business hereby authorized, but transfer of title to the franchise or any right of ownership or interest acquired under such sale, lease, grant, conveyance, assignment, gift in usufruct or transfer shall not be effective even after such approval shall have been obtained until there shall have been filed in the office of the Public Service Commission an agreement in writing by which the individual, association or corporation, in whose favor such sale, lease, grant, conveyance, assignment, gift in usufruct or transfer is made, shall be firmly bound to comply with all the terms and conditions imposed upon the grantee by this franchise and by any and all certificate of convenience and public necessity theretofore issued by the Public Service Commission and to accept the same subject to all existing terms and conditions.cralaw Sec. 9. The Public Service Commission shall have the power, after a reasonable written notice to the grantee and a hearing of the interested parties, to declare the forfeiture of this franchise and all rights inherent in the same for failure on the part of the grantee to comply with any of the terms and conditions thereof, unless such failure shall have been directly and primarily caused by an act of God, force majeure, usurped right, uprising or other cause beyond the grantee's control. Against such declaration of forfeiture by the Public Service Commission the grantee may apply for the remedies provided in sections thirty-four and thirty-six of Commonwealth Act Numbered One hundred and forty-six, as amended. The remedy provided herein shall not be a bar to any other remedy provided by existing laws for the forfeiture of this franchise.cralaw
Section 10. In the event of any competing
individual, association 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 or corporation. Approved: June 20, 1959 |
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