Grant of Ice Plant and Cold Storage Franchise to Flora Consing

April 27, 1968

REPUBLIC ACT NO. 5196

AN ACT GRANTING FLORA CONSING A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE CITY OF BUTUAN, AND TO SELL ICE AND SUPPLY COLD STORAGE WITHIN THE CITY AND THE MUNICIPALITIES OF CABADBARAN, NASIPIT, BUENAVISTA AND CARMEN, ALL IN THE PROVINCE OF AGUSAN

SECTION 1. Subject to the conditions imposed by this Act, there is hereby granted to Flora Consing, hereinafter referred to as the grantee, a franchise to construct, operate and maintain an ice plant and cold storage in the City of Butuan, for the purpose of manufacturing and distributing ice and supplying cold storage within the city and in the municipalities of Cabadbaran, Nasipit, Buenavista and Carmen, all in the Province of Agusan, and to charge and collect a schedule of prices and rates for the ice and cold storage furnished, which shall not exceed seven centavos a kilo.

SECTION 2. The grantee shall manufacture and supply ice up to the limit of the capacity of her plant and/or plants.

SECTION 3. The apparatus and appurtenances to be used by the grantee shall be modern, safe and first class in every respect and the grantee, whenever the Congress shall determine that public interest reasonably requires it, shall change or alter any of the apparatus and appurtenances at her expense.

SECTION 4. The franchise shall continue for a period of twenty-five years from the date said plant and cold storage is placed in operation and/or commences the manufacture and distribution of ice in the City of Butuan and municipalities of Cabadbaran, Nasipit, Buenavista and Carmen, all in the Province of Agusan, subject to the express condition that the franchise shall be null and void unless the construction of at least one plant and cold storage be begun within four years from the date of the approval of this Act and completed within six years from said date, except when prevented by an act of God, or force majeure, martial law, riot, civil commotion, usurpation by military power or any other cause beyond the grantee's control.

SECTION 5. The books records and accounts of the grantee shall always be opened to inspection by the City Treasurer and/or his authorized representatives, and it shall be the duty of the grantee to submit to the City Treasurer quarterly report in duplicate showing the gross receipts for the past quarter, one of which shall be forwarded by the City Treasurer to the Auditor General, who shall keep the same on file.

SECTION 6. This franchise is granted subject to the provisions of Commonwealth Act Numbered One hundred and forty-six as amended only with respect to the fixing of rates. In consideration of the franchise hereby granted, the grantee shall pay a franchise tax equal to five per centum of the gross earnings for ice and cold storage sold under this franchise, three per centum of which shall accrue to the national government, and two per centum to the municipality or city where it is operating.

SECTION 7. The grantee shall not commence any construction nor exercise the rights and privileges herein granted without first communicating to the Secretary of Public Works and Communications its accordance and conformity to the terms and conditions of the franchise within two years from the date of the approval of this Act.

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 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. This Act shall take effect upon its approval.

Enacted without Executive approval, April 27, 1968.

Published in the Official Gazette, Vol. 65, No. 17, p. 4205 on April 28, 1969