Grant of Ice Plant and Cold Storage Franchise to Congson Ice Plant and Cold Storage, Inc.

July 22, 1972

REPUBLIC ACT NO. 6533

AN ACT GRANTING CONGSON ICE PLANT AND COLD STORAGE, INC., A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE FACILITY, AND TO DISTRIBUTE AND SELL ICE SO MANUFACTURED AND FURNISH COLD STORAGE FACILITIES IN THE CITY OF GENERAL SANTOS

SECTION 1. Subject to the conditions imposed by this Act, there is hereby granted to Congson Ice Plant and Cold Storage, Inc., its successors or assigns for a period of twenty-five years after the approval of this Act, the right, privilege and authority to construct, operate and maintain an ice plant and cold storage facility in the City of General Santos for the purpose of the manufacturing ice and furnishing cold storage, and to sell and distribute the ice so manufactured and render cold storage service therein, and to collect a schedule of rates, prices and charges for the ice so manufactured, distributed and sold, and for the cold storage service furnished, which schedule of rates, prices and charges shall at all times be subject to regulation by the Public Service Commission. cd

SECTION 2. The grantee shall install and maintain an ice plant and cold storage facility in the city mentioned above: Provided, however, That the grantee shall manufacture and supply ice up to the limit of the capacity of its plant.

SECTION 3. All the apparatus and appurtenances to be used by the grantee shall be modern, safe and first class in every respect.

SECTION 4. If the grantee shall not commence the operation of the ice plant and cold storage facility 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 5. This franchise is granted 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 6. 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 7. 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, two per centum of which shall accrue to the National Government and three per centum, to the city where the franchise is in operation. acd

SECTION 8. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the rights and privileges acquired thereunder, to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other person, company or corporation organized for the same purpose without the approval of the Congress of the Philippines first had. Any corporation to which this franchise may be sold, transferred or assigned shall be subject to the corporation laws of the Philippines now existing or hereafter enacted, and any person, firm, company, corporation or other commercial or legal entity to which this franchise is sold, transferred or assigned shall be subject to the conditions, terms, restrictions and limitations of this franchise as fully and completely and to the same extent as if the franchise had been originally granted to the said person, firm, company, corporation or other commercial or legal entity. aisa dc

SECTION 9. This Act shall take effect upon its approval.

Approved: July 22, 1972

Published in the Official Gazette, Vol. 68, No. 47, p. 9073 on November 20, 1972