Grant of Ice Plant and Cold Storage Franchise to Amor S. Diaz

June 19, 1965

REPUBLIC ACT NO. 4518

AN ACT GRANTING AMOR S. DIAZ A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE AN ICE PLANT AND COLD STORAGE IN QUEZON CITY, AND TO DISTRIBUTE AND SELL ICE THEREIN AS WELL AS IN THE CITIES OF MANILA, PASAY AND CALOOCAN AND IN THE MUNICIPALITIES OF SAN JUAN, MANDALUYONG, NAVOTAS, MALABON, MARIKINA, MAKATI AND PARAÑAQUE, ALL IN THE PROVINCE OF RIZAL

SECTION 1. Subject to the conditions imposed by this Act, there is granted to Amor S. Diaz, her successors or assigns, for a period of twenty-five years after the approval of this Act the right, privilege and authority to construct, maintain and operate an ice plant and cold storage with a capacity of one hundred twenty tons and ten thousand cubic meters, respectively, in Quezon City for the purpose of manufacturing ice blocks to be distributed and sold therein as well as in the cities of Manila, Pasay and Caloocan and in the municipalities of San Juan, Mandaluyong, Navotas, Malabon, Marikina, Makati and Parañaque, all in the Province of Rizal, and to charge and collect a schedule of rates and prices for the ice blocks so manufactured, distributed and sold, which schedule of rates and prices shall at all times be subject to regulation by the Public Service Commission. aisa dc

SECTION 2. All the equipment, machineries and appurtenances to be used by the grantee shall be modern, safe and first class in every respect.

SECTION 3. If the grantee shall not commence the manufacture of ice 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 grantee's control, this franchise shall become null and void.

SECTION 4. This franchise is granted subject to the provisions of Commonwealth Act Numbered One hundred forty-six, as amended, only with respect to the fixing of rates, 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 5. In consideration of the franchise and rights hereby granted, the grantee shall pay a franchise tax equal to five per centum of the gross earnings under this franchise, three per centum of which shall accrue to the National Government and two per centum to the municipality where the franchise is being operated.

SECTION 6. 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 7. This Act shall take effect upon its approval.

Approved: June 19, 1965

Published in the Official Gazette, Vol. 62, No. 49, p. 9220 on December 5, 1966