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H. No. 15959 / 65 OG No. 25, 6349 (June 23, 1969)

[ REPUBLIC ACT NO. 5346, June 15, 1968 ]

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.



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 the Lingayen Gulf Development Corporation, hereinafter referred to as the grantee, 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 municipalities 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.

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

SEC. 3. All the apparatus and appurtenances to be used by the grantee  shall be modern,  safe  and  first class 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.

SEC. 4. This  franchise shall  continue for a period 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.

SEC. 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.

SEC. 6. The grantee, with the approval of the Congress of the Philippines may sell, grant, convey, assign, give 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.

SEC. 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 those herein, granted or tending to place the herein grantee at any disadvantage, then such term or terms shall 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.    

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

Enacted without Executive approval, June 15, 1968.
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