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

June 19, 1965

REPUBLIC ACT NO. 4415

AN ACT GRANTING SAMSON ENTERPRISES, INC. A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN ICE AND COLD STORAGE PLANT OR PLANTS IN THE MUNICIPALITY OF MANDALUYONG, PROVINCE OF RIZAL, AND TO SELL THE ICE AND COLD STORAGE SERVICE IN THE ENTIRE PROVINCE OF RIZAL

SECTION 1. Subject to the condition imposed by this Act, there is hereby granted to Samson Enterprises, Inc., hereinafter referred to as the grantee, a franchise to construct, operate and maintain ice and cold storage plant or plants in the Municipality of Mandaluyong, Province of Rizal, in addition to the present capacities now authorized to grantee by the Public Service Commission, and to sell additional ice production and cold storage service in theentire Province of Rizal, and to charge and collect a schedule of prices and rates for the additional ice production and cold storage service so furnished, which schedule of prices and rates shall at all times be subject to regulation by the Public Service Commission. casia

SECTION 2. The grantee shall produce additional ice and cold storage service up to the capacities grantee may deem necessary to install.

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 determines that public interest reasonably requires it, change or alter any of its apparatus and appurtenances at grantee's expense.

SECTION 4. This franchise shall be valid for a period of twenty-five years from the date of approval of this Act. It is an express condition of this franchise that the construction of additional ice and cold storage plants in Mandaluyong, Rizal, shall be begun by the grantee within four years from the date of the approval of this Act and completed within six years from said date otherwise the additional plants shall not be allowed to operate under this franchise, unless the construction or completion is prevented by an act of God, 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 open to inspection by the Provincial Treasurer of Rizal or his authorized representatives, and it shall be the duty of the grantee to submit to the Provincial Treasurer of Rizal quarterly reports in duplicate showing the gross receipts for the quarter past, one of which shall be forwarded by the provincial 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 forty-six, as amended, only with respect to the fixing of rates by the Public Service Commission, and with the understanding and upon condition that it shall be subject to amendment, alteration or repeal by the Congress of the Philippines when public interest so requires.

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 municipality where the franchise is being operated.

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

Approved: June 19, 1965

Published in the Official Gazette, Vol. 62, No. 37, p. 6641 on September 12, 1966