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H. No. 12570 / 65 OG No. 23, 5836 (June 9, 1969)

[ REPUBLIC ACT NO. 5305, June 15, 1968 ]

AN ACT GRANTING EMELIA MACALINO A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE AN ICE PLANT AND COLD STORAGE IN THE CITY OF ILOILO.



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

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 Emelia Macalino, for a period of twenty-five years from the approval of this Act, the right, privilege and authority to construct, maintain n and operate an ice  plant  and  cold  storage,  in  the City of Iloilo for the purpose of manufacturing ice for distribution and sale, and for supplying cold storage in the City of Iloilo and surrounding municipalities of Panay and to charge and 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.

SEC. 2.  The grantee shall manufacture and supply ice up to the  limit of the capacity of her plant, said limit to be determined by the Public Service Commission, and sell the same at rates to be determined by the said Commission.

SEC. 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 shall determine that public interest reasonably requires it, change or alter any of her apparatus and appurtenances at grantee's expense.

SEC. 4. If the grantee shall not commence the construction of the ice plant and cold storage within one year 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 by  any other cause beyond the grantee's control, this franchise shall become null void.

SEC. 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.

SEC. 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 duplicate showing the gross receipts for the quarter past.

SEC. 7. In the event of any competing person, natural or  juridical, receiving from the Congress of the Philippine 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 such competing person.

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

Enacted without Executive approval, June 15, 1968.
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