Grant of Electric Light, Heat and Power System and Ice Plant Franchises to Vicente M. Fortich Zerda

June 21, 1969

REPUBLIC ACT NO. 5722

AN ACT GRANTING VICENTE M. FORTICH ZERDA A FRANCHISE TO INSTALL, MAINTAIN AND OPERATE AN ELECTRIC LIGHT, HEAT, AND POWER SYSTEM AND AN ICE PLANT IN THE MUNICIPALITY OF SISON, PROVINCE OF SURIGAO DEL NORTE, AND TO DISTRIBUTE ELECTRIC LIGHT, HEAT, POWER AND ICE FOR SALE THEREIN

SECTION 1. Subject to the terms and conditions established in this Act and in Act Numbered Thirty-six hundred and thirty-six, as amended by Commonwealth Act Numbered One hundred and thirty-two, and to the provisions of the Constitution, there is granted to Vicente M. Fortich Zerda, for a period of twenty-five years from the approval of this Act, the right, privilege, and authority to install, maintain and operate an electric light, heat, and/or power system for the purpose of generating and distributing electric light, heat and/or power for sale within the Municipality of Sison, Province of Surigao del Norte, and to install, maintain and operate an ice plant in the same municipality, for the purpose of manufacturing, distributing and selling ice in the whole province, and to charge and collect a schedule of prices and rates for ice so furnished, which schedule of prices and rates and the limit of the capacity of production, shall at all times be subject to regulation by the Public Service Commission. casia

SECTION 2. In the event that the grantee shall purchase and secure electric heat and power from the National Power Corporation, the latter is hereby authorized to negotiate and transact for the benefit and in behalf of the public consumers with reference to rates.

SECTION 3. The 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.

SECTION 4. 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. cdt

SECTION 5. If the grantee shall not commence the manufacture and distribution of ice in the Municipality of Sison, Province of Surigao del Norte, 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.

SECTION 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.

SECTION 7. The Books, records and accounts of the grantee shall always be open to the inspection of the Auditor General or his authorized representatives, 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. acd

SECTION 8. It is expressly provided that in the event the Government should desire to maintain and operate for itself the system and enterprise herein authorized, the grantee shall surrender his franchise and shall turn over to the Government all serviceable equipment therein, at cost, less reasonable depreciation.

SECTION 9. In consideration of this franchise the grantee shall pay tax equivalent to five of his gross income.

SECTION 10. This Act shall take effect upon its approval.

Enacted without Executive approval, June 21, 1969. cd

Published in the Official Gazette, Vol. 66, No. 1, p. 5 on January 5, 1970