Grant of Ice Plant and Cold Storage Franchise to Leonides B. Cañete

August 4, 1969

REPUBLIC ACT NO. 5990

AN ACT GRANTING LEONIDES B. CAÑETE A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE AN ICE PLANT AND COLD STORAGE IN THE ISLAND OF SAMAL, PROVINCE OF DAVAO

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 Leonides B. Cañete, for a period of twenty-five years from approval of this Act, the right, privilege and authority to construct, maintain and operate an ice plant and cold storage in the Island of Samal, Province of Davao, for the purpose of manufacturing ice for distribution and sale, and for supplying cold storage in said island, 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. cd

SECTION 2. The grantee shall manufacture and supply ice up to the limit of the capacity of said 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 his apparatus and appurtenances at grantee's expense.

SECTION 4. If the grantee shall not commence the construction of the ice plant and cold storage within two years from 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 the 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. acd

SECTION 7. In consideration of this franchise the grantee shall pay a tax equivalent to five per cent of his gross income.

SECTION 8. This Act shall take effect upon its approval.

Enacted without Executive approval, August 4, 1969.

Published in the Official Gazette, Vol. 66, No. 13, p. 3132 on March 30, 1970