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. 3239 - AN ACT GRANTING MR. ARSENIO F. GARCIA A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF BAIS, PROVINCE OF NEGROS ORIENTAL, 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 Mr. Arsenio F. Garcia, herein referred to as the grantee, a franchise to construct, operate and maintain an ice plant and cold storage in the Municipality of Bais, Province of Negros Oriental, for the purpose of manufacturing and distributing ice and supplying cold storage within the said municipality 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.
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 in such certificate of convenience and public necessity as may be issued by it as prescribed by 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 shall determine that public interest reasonably requires it, change or alter any of the apparatus and appurtenances at grantee's expense.
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
requirements 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.
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.
Sec. 7. The books, records and accounts of the grantee shall always be open to the inspection of the provincial treasurer or his authorized representatives, and it shall be the duty of the grantee to submit to the said treasurer quarterly reports in duplicate showing the gross receipts for the quarter past, one of which shall be forwarded by the said 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 right 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 certificates of convenience and public necessity theretofore issued by the Public Service Commission and to accept the same subject to all existing terms and conditions.
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 or 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 Section s 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.
Sec. 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.
Sec. 11. This Act shall take effect upon its
Approved: June 17, 1961