Grant of Electric Light, Heat and Power System Franchise to Rafael C. Aquino

June 17, 1967

REPUBLIC ACT NO. 5106

AN ACT GRANTING RAFAEL C. AQUINO A FRANCHISE TO INSTALL, MAINTAIN AND OPERATE AN ELECTRIC LIGHT, HEAT, POWER SYSTEM, AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITIES OF BAYUGAN AND PROSPERIDAD, PROVINCE OF AGUSAN

SECTION 1. Subject to the terms and conditions established 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 Rafael C. Aquino for a period of twenty-five years from the approval of this Act, the right, privilege and authority to install, maintain and operate electric light, heat, power system, an ice plant and cold storage in the municipalities of Bayugan and Prosperidad, Province of Agusan, for the purpose of generating, distributing electric light, heat and/or power and manufacturing ice for sale and for supplying cold storage in the said municipalities. cd

SECTION 2. In the event that the grantee shall purchase and secure from the National Power Corporation electric heat and power, the National Power Corporation 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, and sell the same at rates to be determined by the said 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 his apparatus and appurtenances at grantee's expense. casia

SECTION 5. If the grantee shall not commence the manufacture and distribution of ice in the municipalities of Bayugan and Prosperidad, Province of Agusan, 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 be 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 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.

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 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 his franchise and will turn over to the Government all serviceable equipment therein, at cost, less reasonable depreciation.

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

Enacted without Executive approval, June 17, 1967.

Published in the Official Gazette, Vol. 65, No. 12, p. 2824 on March 24, 1969