COMMONWEALTH ACT NO. 132 - AN ACT TO AMEND ACT NUMBERED THIRTY-SIX HUNDRED AND THIRTY-SIX PRESCRIBING THE FORM FOR BILLS ON ELECTRIC LIGHT AND POWER FRANCHISES, SO AS TO CONFORM TO THE CONSTITUTION AND TO REQUIRE, PREVIOUS TO THE GRANTING OF A FRANCHISE, THE FILING OF A PETITION TO THAT EFFECT TOGETHER WITH ONE OR MORE CERTIFICATES OF PUBLIC NECESSITY AND CONVENIENCE |
Section
1. This first paragraph of section one of Act numbered Thirty-six
hundred and thirty-six is hereby amended to read as follows: "Section 1. The National Assembly
may, in its discretion, grant a franchise for electric light and power,
upon prior filing of a written petition by an interested party together
with one or more certificates of public convenience, issued by the
Public Service Commission in accordance with the Act creating the said
Commission, and to this effect, the following form is prescribed for
granting electric light and power franchises." Section2. Section eight of the form for electric light and power franchise is hereby amended so as to read as follows: "Sec. 8. The grantee shall not
exercise any rights or privileges 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: "(1) His (its) written acceptance of the terms and provisions of this Act; "(2) His (its) written acceptance of the terms and conditions of the first certificate or certificates of necessity and convenience required by law for the granting of this franchise and issued by the Public Service Commission, of the form and character provided for in Act Numbered Ten thousand one hundred and eight, as amended. "(3) A document or documents evidencing receipt by the Insular Treasurer, of the deposit or deposits required by law, of not less than one thousand pesos Philippine currency, or negotiable bonds approved by the Public Service Commission for each certificate of public necessity and convenience as an earnest of good faith and a guaranty that the grantee will complete the work within the period fixed by the Commission. "If the grantee shall not
commence the furnishing of electric current in any municipality (or
municipalities) referred to in any certificate or certificates of
public necessity and convenience, obtained and filed as herein provided
within such period as the Public Service Commission or its legal
successor shall have fixed, unless prevented by act of God, or force
majeure, usurped or military power, martial law, riot, civil commotion
or other cause beyond his (its) control, said Commission or its legal
successor may in its discretion declare such certificate or
certificates to be null and void, and the deposit or deposits made by
the grantee forfeited to such municipality as liquidated damages and
not as a penalty." Section3. Section nine of the form for electric light and power franchises, is hereby also amended so as to read as follows: "Sec. 9. After 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. "Upon determination by the Public
Service Commission or its legal successor after a hearing upon
reasonable written notice to the grantee that the grantee has violated
any of the provisions of this section as to the commencement and/or
completion of the work authorized by a certificate or certificates of
the Public Service Commission or its legal successor, the said
Commission or its legal successor shall declare the bond or bonds
forfeited as liquidated damages and not as a penalty to the
municipality in which the failure to perform occurred. If the failure
occurred in more than one municipality, the Public Service Commission
or its legal successor shall determine the portion which each
municipality shall receive. The Public Service Commission or its legal
successor shall order the return of the deposit required by section
eight hereof, as amended, together with any interest or dividends
thereon received by the Insular Treasurer, to the grantee upon the
satisfactory completion of any work authorized by its certificate or
certificates of public necessity, in accordance with the terms and
conditions of the certificates or certificates obtained, and the
Insular Treasurer shall return said deposit to the grantee together
with said interest and/or dividends immediately upon presentation to
him of a certified copy of such order of the Public Service Commission
or its legal successor." Section4. Section twelve of the form for electric light and power franchises, is hereby likewise amended so as to read as follows: "Section 12. This franchise is
granted subject to the provisions of Act Numbered Three thousand one
hundred and eight, as amended, and with the understanding and upon the
condition that it shall be subject to amendment, alteration, or repeal
by the National Assembly or by the Congress of the United States, and
that it shall be subject in all respects to the limitations upon
corporations and the granting of franchises contained in the
Constitution of the Philippines, and also subject to the provisions of
Act Numbered Fourteen hundred and fifty-nine of the Philippine
Legislature, as amended." Section5. This Act shall take effect upon its approval. Approved: November 6, 1936 |