Grant of Ice Plant and Cold Storage Franchise to Lingayen Gulf Development Corp.

June 15, 1968

REPUBLIC ACT NO. 5346

AN ACT GRANTING THE LINGAYEN GULF DEVELOPMENT CORPORATION A FRANCHISE TO INSTALL, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF SUAL, PROVINCE OF PANGASINAN, AND TO SELL AND DISTRIBUTE ICE IN THE MUNICIPALITIES COMPRISING THE FIRST CONGRESSIONAL DISTRICT OF SAID PROVINCE AND IN THE MUNICIPALITY OF BINMALEY, OF THE SECOND CONGRESSIONAL DISTRICT, SAME PROVINCE

SECTION 1. Subject to the conditions imposed by this Act, there is hereby granted the Lingayen Gulf Development Corporation, hereinafter referred to as the grantee, a franchise to install, operate and maintain an ice plant and cold storage in the Municipality of Sual, Province of Pangasinan, for the purpose of manufacturing and distributing ice and supplying cold storage in the municipality comprising the first congressional district of said province, and in the Municipality of Binmaley, of the second congressional district, same province, and to charge and collect payments therefor according to a schedule of prices and rates which shall, at all times, be subject to regulation by the Public Service Commission or its legal successors.

SECTION 2. The grantee shall manufacture and supply ice with a minimum daily capacity of five tons.

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 change or alter any of such apparatus and appurtenances at its expense whenever the Public Service Commission determines that public interest reasonably requires it.

SECTION 4. This franchise shall continue for a period of twenty-five years from the date said plant shall operate and/or shall commence the manufacture and distribution of ice in the Municipality of Sual, Province of Pangasinan, subject to the express condition that the same shall be null and void unless the construction of said plant be begun within two years from the approval of this Act, 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. 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 6. The grantee, with the approval of the Congress of the Philippines may sell, grant, convey, assign, give in usufruct, or transfer this franchise and all property and rights acquired thereunder to any qualified individual, association or corporation competent to operate the business hereby authorized. cd

SECTION 7. 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 8. This Act shall take effect upon its approval.

Enacted without Executive approval, June 15, 1968.

Published in the Official Gazette, Vol. 65, No. 25, p. 6349 on June 23, 1969