REPUBLIC ACT NO. 5904 - AN ACT GRANTING LYNDA FELECIANO A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF MAKATI, PROVINCE OF RIZAL
1. Subject to the terms and conditions established in
this Act, in Commonwealth Act Numbered One hundred forty-six, as
amended, and to the provisions of the Constitution, there is granted to
Lynda Feliciano, for a period of twenty-five years from the approval of
this Act, the right, privilege and authority to construct, operate and
maintain an ice plant and cold storage in the Municipality of Makati,
Province of Rizal, for the purpose of manufacturing ice for
distribution and sale, and for supplying cold storage in the said
municipality and to charge and collect a schedule of prices and rates
therefor which schedule shall at all times be subject to regulation by
the Public Service Commission or its legal successor. |
Sec. 2. The grantee shall manufacture and supply ice up to the limit of the capacity of the plant, said limit to be determined by the Public Service Commission, and sell the same rates to be determined by the Public Service Commission.
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 its apparatus and appurtenances at grantee's expense.
Sec. 4. If the grantee shall not commence the construction of the ice plant and cold storage within two years from the approval of this Act, unless prevented by an act of God or force majeure, martial law, riot, civil commotion, usurpation by a military power or any other cause beyond the grantee's control, this franchise shall become null and void.
Sec. 5. This franchise is granted with the understanding and upon the conditions that its terms shall not exceed twenty-five years, that it shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires, and that the grantee shall be subject to all existing taxes under the National International Revenue Code.
Sec. 6. The books, records and accounts of the grantee shall always be open to inspection of the Auditor General or his authorized representative, and it shall be the duty of the grantee to submit to the Auditor General quarterly reports in duplicate showing the gross receipts for the quarter past.
Sec. 7. In the event of any competing person, natural or juridical, 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 such competing person.
Sec. 8. In consideration of this franchise the grantee shall pay a tax equivalent to five percent to her gross income.
Sec. 9. This Act shall take effect upon its approval.
Enacted without Executive
approval, June 21, 1969.