A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACT NO. 3205 - AN ACT GRANTING FRANCISCO VILLONGCO A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF NAVOTAS, PROVINCE OF RIZAL, AND TO SELL ICE AND TO SUPPLY COLD STORAGE THEREIN
|Section 1. Subject to
the conditions imposed by this Act, there is hereby granted to
Francisco Villongco, hereinafter referred to as the grantee, a
franchise to construct, operate and maintain an ice plant and cold
storage in the Municipality of Navotas, Province of Rizal, for the
purpose of manufacturing and distributing ice and supplying cold
storage therein and to charge and collect a schedule of prices and
rates for the ice and cold storage so furnished, which schedule of
prices and rates shall at all times be subject to regulation by the
Public Service Commission or its legal successor.
Sec. 2. Said 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 or its legal successor in such certificate of convenience and public necessity as may be issued by it as prescribed in Section four of this Act.
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 or its legal successor shall determine that public interest reasonably requires it, change or alter any of his plant's apparatus and appurtenances at grantee's expense.
Sec. 4. The grantee shall not exercise any right or
privilege under this franchise nor commerce 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 approval of this Act:
Sec. 5. After grantee's compliance with the
requirements of the next preceding section, the Public Service
Commission or its legal successor, 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 the said
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,
and that it shall be subject to the pertinent provisions of Act
Numbered Fourteen hundred fifty-nine, as amended.
Sec. 7. The books, records and accounts of the grantee shall always be open to the inspection of the municipal treasurer 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 quarter past, one of which shall be forwarded by the municipal treasurer to the Auditor General, who shall keep the same on file.
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, co-partnership, private, public or quasi-public association, corporation or joint stock company 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 or its legal successor an agreement in writing by which the individual, co-partnership, private, public or quasi-public association, corporation or joint-stock company 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 certificates of convenience and public necessity therefor issued by the Public Service Commission or its legal successor, and to accept the same subject to all existing terms and conditions.
Sec. 9. The Public Service Commission or its legal successor 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 rights, uprising or other cause beyond the grantee's control. Against such declaration of forfeiture by the Public Service Commission or its legal successor, the grantee may apply for the remedies provided in Section s thirty-four and thirty-six of Commonwealth Act Numbered One hundred 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.
Sec. 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 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 powers or corporation.
Approved: June 17, 1961