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PHILIPPINE LAWS, STATUTES & CODES
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Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 6502 - AN ACT
GRANTING JOSE ASTURIAS A FRANCHISE TO ESTABLISH, OPERATE AND MAINTAIN A
WATER SUPPLY SERVICE TO ALL VESSELS, DOMESTIC AND FOREIGN CALLING AT
THE PORT OF THE CITY OF TACLOBAN Section 1.
Subject to the conditions established under this Act and to the
provisions of Commonwealth Act Numbered One hundred forty-six, as
amended, and the Constitution, there is hereby granted to Jose
Asturias, hereinafter known as the grantee, for a period of twenty-five
years from the approval of this Act, the right, privilege, and
authority to construct, operate and maintain a water supply service for
the purpose of distributing and supplying water for sale to all
domestic and foreign vessels docking at the port of the City of
Tacloban. For this purpose the grantee shall have the right and
privilege: Sec. 2. In the event that the grantee shall purchase and secure from the National Water and Sewerage Authority water supply, the National Water and Sewerage Authority is hereby authorized to negotiate and transact business is with reference to rates. Sec. 3. All apparatus and appurtenances to be used by the grantee shall be modern and first class in every respect and the water mains and pipes shall, when laid in streets or public places, be so placed and maintained as not to interfere in any manner with the unrestricted use of such public planes and streets. Sec. 4. The grantee hereby agrees to compensate the Government for any damage to its property by reason of the non-construction under this franchise or of any neglect or omission to keep the water mains, pipes, conduits, reservoirs and other property in a safe condition, and to be responsible for any damage to individuals co-partnerships, private, public or quasi-public associations, corporations, or joint stock companies, arising out of such fault or negligence. Sec. 5. The grantee shall pay on his real estate, buildings, plant, machinery, and other personal property the same taxes as are now or may hereafter be required by law from other persons. The grantee shall also pay a franchise tax equal to five per centum of the gross earnings under this franchise. Sec. 6. The grantee shall not, without the approval of the Congress of the Philippines first had, lease, grant, sell, convey or give in usufruct this franchise and the property and rights acquired thereunder to any person or corporation: provided, that in case of any national emergency affecting and endangering the public safety and order, the Government of the Philippines shall have the right to take possession of the water supply system as provided in this Act, and operate the same until such emergency shall have passed. Sec. 7. The Public Service Commission or its legal successor, after hearing the interested parties, upon notice and order in writing, shall have the power 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 the act of God, the public enemy, or force majeure. 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-five and thirty-six of Commonwealth Act Numbered One hundred forty-six, as amended. Sec. 8. It is expressly provided that in the event the Government should desire to operate and maintain for itself the water system herein authorized, the grantee shall surrender his franchise and will turn over to the Government the system and serviceable equipment therein, at cost, less reasonable depreciation. Sec. 9. The franchise herein granted shall be
subject to amendment, alteration or repeal by the Congress when the
public interest so requires. Approved: June 17, 1972 |
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