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H. No. 15961 / 65 OG No. 29, 7407 (July 21, 1969)

[ REPUBLIC ACT NO. 5453, September 30, 1968 ]

AN ACT GRANTING TERESITA TIROL GARGANTIEL A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF BAYAWAN, PROVINCE OF NEGROS ORIENTAL, AND TO SELL ICE AND TO SUPPLY COLD STORAGE THEREIN AND TO NEIGHBORING MUNICIPALITIES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Subject to the conditions imposed by this Act, there is hereby granted to Teresita Tirol Gargantiel, herein referred to as the grantee, a franchise to construct, operate and maintain an ice plant and cold storage in the Municipality of Bayawan, Province of Negros Oriental, for the purpose of manufacturing and distributing ice and supplying cold storage therein and to its neighboring mu­nicipalities, and to collect and charge a schedule of prices and rates for the ice and cold storage furnished.

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

SEC. 3. The apparatus and appurtenances to be used by the grantee shall be modern, safe and first class in every aspect 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 the grantee's expense.

SEC.  4. The  franchise  shall   continue  for  a  period 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 Municipality of Bayawan and in its neighboring municipalities,  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, orforce majeure, martial law, riot, civil commotion, usurpa­tion   by   military  power  or   any  other   cause   beyond  the grantee's control.

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

SEC. 6. This franchise is granted subject to the pro­visions of the Constitution, Commonwealth Act Numbered One hundred forty-six, as amended, and Act Numbered Fourteen hundred and fifty-nine, as amended; 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.

SEC. 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 her acceptance and conformity to the terms and conditions of this franchise within two years from the date of the approval of this Act.

SEC. 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 a 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.

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

Approved,  September 30,  1968.