Grant of Ice Plant Franchise to Pedro Benedito

September 30, 1972

REPUBLIC ACT NO. 6562

AN ACT GRANTING PEDRO BENEDITO A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT IN THE MUNICIPALITY OF BANGUED, PROVINCE OF ABRA

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 Pedro Benedito, for a period of twenty-five years from the approval of this Act, the right, privilege and authority to construct, operate and maintain an ice plant in the Municipality of Bangued, Province of Abra, for the purpose of manufacturing ice for distribution and sale and to 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 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 change or after any of his apparatus and appurtenances at his expense whenever the Public Service Commission shall determine that public interest reasonably requires it.

SECTION 4. If the grantee shall not commence the operation of the ice plant 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 power or any other cause beyond the grantee's control, this franchise shall become null and void. acd

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 the duplicate showing the gross receipts for the quarter past.

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. The grantee shall not lease, transfer grant the usufruct of, sell or assign this franchise, or the rights or privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other person, firm or company organized for the same purpose without the approval of the Congress of the Philippines first had. Any corporation to which this franchise may be said, transferred, or assigned, shall be subject to the corporation laws of the Philippines now existing or hereafter enacted, and any person, firm, company, corporation or other commercial or legal entity to which the franchise is sold, transferred or assigned shall be subject to all conditions, terms, restrictions and limitations of this franchise as fully and completely and to the same extent as if the franchise has been originally granted to the said person, firm, company, corporation or other legal entity. cdt

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

Approved: September 30, 1972

Published in the Official Gazette, Vol. 68, No. 51, p. 9920 on December 18, 1972