Grant of Electric Light, Heat and Power System Franchise to Conchita A. Lualhati

June 18, 1964

REPUBLIC ACT NO. 4080

AN ACT GRANTING CONCHITA A. LUALHATI A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE AN ELECTRIC LIGHT, HEAT AND POWER SYSTEM AND AN ICE PLANT IN THE MUNICIPALITY OF MABINI, PROVINCE OF BATANGAS, AND TO SELL AND DISTRIBUTE ELECTRIC LIGHT, HEAT, AND POWER AND ICE THEREIN

SECTION 1. Subject to the terms and conditions established in this Act and in Act Numbered Thirty-six hundred thirty-six, as amended by Commonwealth Act Numbered One hundred thirty-two, and to the provisions of the Constitution, there is granted to Conchita A. Lualhati, for a period of twenty-five years from the approval of this Act, the right, privilege, and authority to construct, maintain and operate an electric light, heat and power system and an ice plant for the purpose of generating and distributing electric light, heat, and power and manufacturing ice for sale within the Municipality of Mabini, Province of Batangas, and to charge and collect a schedule of prices for the electric light, heat, and power and ice so sold, which schedule of prices 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 her 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 such apparatus and appurtenances at grantee's expense.

SECTION 5. If the grantee shall not commence the generation and distribution of electric light, heat, and power and the manufacture and distribution of ice in the Municipality of Mabini, Province of Batangas, within one year 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 past quarter.

SECTION 8. In the event of any competing individual, association of persons, or corporation 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 said competing individual, association of persons, or corporation.

SECTION 9. 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 her franchise and shall turn over to the Government all serviceable equipment therein, at cost, less reasonable depreciation.

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

Approved: June 18, 1964

            Published in the Official Gazette, Vol. 61, No. 8, p. 1011 on February 22, 1965