Grant of Ice Plant and Cold Storage Franchise to Ernesto Malferrari

June 19, 1965

REPUBLIC ACT NO. 4519

AN ACT GRANTING ERNESTO MALFERRARI A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE CITY OF CAGAYAN DE ORO, AND TO SELL ICE AND SUPPLY COLD STORAGE WITHIN THE CITY OF CAGAYAN DE ORO AND IN THE MUNICIPALITIES OF VILLANUEVA, CLAVERIA, JASAAN, MOLUGAN, TAGOLOAN, EL SALVADOR AND ALUBIJID, ALL IN THE PROVINCE OF MISAMIS ORIENTAL

SECTION 1. Subject to the terms and conditions established in this Act and in Commonwealth Act Numbered One hundred forty-six, as amended, and to the provisions of the Constitution, there is granted to Ernesto Malferrari for a period of twenty-five years from the approval of this Act, the right, privilege and authority to construct, maintain and operate an ice plant and cold storage in the City of Cagayan de Oro, for the purpose of manufacturing ice for distribution and sale, for supplying cold storage in the City of Cagayan de Oro and in the municipalities of Villanueva, Claveria, Jasaan, Molugan, Tagoloan, El Salvador and Alubijid, all in the Province of Misamis Oriental and to charge and collect a schedule of prices and rates therefor which schedule shall at all times be subject to regulation by the Public Service Commission or its legal successor. acd

SECTION 2. 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 3. 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 its apparatus and appurtenances at grantee's expense.

SECTION 4. If the grantee shall not commence the construction of at least one ice plant and cold storage 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 powers 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 inspection by the city treasurer or his authorized representatives, and it shall be the duty of the grantee to submit to the city treasurer quarterly reports in duplicate showing the gross receipts for the quarter past, one of which shall be forwarded by the city treasurer to the Auditor General, who shall keep the same on file.

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, three per centum of which shall accrue to the National Government and two per centum to the city where the franchise is being operated.

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. cd i

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

Approved: June 19, 1965

Published in the Official Gazette, Vol. 62, No. 49, p. 9221 on December 5, 1966