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PHILIPPINE LAWS, STATUTES & CODES
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 ACTS
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REPUBLIC ACT NO. 4803 - AN ACT
GRANTING TAYABAS ICE PLANT AND COLD STORAGE A FRANCHISE TO CONSTRUCT,
OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY
OF TAYABAS, PROVINCE OF QUEZON, AND TO SELL ICE AND TO SUPPLY COLD
STORAGE THEREIN AND IN ITS NEIGHBORING MUNICIPALITIES Section 1. Subject to the conditions imposed by this Act, there is hereby granted for a period of twenty-five years to Tayabas Ice Plant and Cold Storage, hereinafter referred to as the grantee, a franchise to construct, operate and maintain an ice plant and cold storage in the Municipality of Tayabas, Province of Quezon, for the purpose of manufacturing and distributing ice and supplying cold storage therein and in its neighboring municipalities, and to charge and collect a schedule of prices and rates for the ice and cold storage so furnished, which shall at all times be subject to the regulations of 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 its 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 provided 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 or its legal successor determines that public interest reasonably require it, change or alter any of its 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 six months 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
Commission. 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 books, records and accounts of the grantee shall always be open for the inspection of the municipal treasurer of the Municipality of Tayabas, Province of Quezon, or his authorized representatives, and it shall be the duty of the grantee to submit to the municipal treasurer quarterly reports 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, upon prior approval of the Congress of the Philippines, may sell, lease, grant, convey, assign, give in usufruct, or transfer this franchise and all properties and rights acquired thereunder to any individual, co-partnership, private public or quasi-public association, corporation, or joint stock company qualified under the Constitution and 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 with 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 heretofore 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 of 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 hereof, 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 control of the grantee. Against such
declaration or 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. Approved: June 18, 1966 |
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