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H. No. 7377 / 65 OG No. 22, 5573 (June 2, 1969)

[ REPUBLIC ACT NO. 5265, June 15, 1968 ]

AN ACT GRANTING CARMEN ELECTRIC SERVICE COMPANY A FRANCHISE FOR AN ELECTRIC LIGHT, HEAT AND POWER SYSTEM IN THE MUNICIPALITY OF SANTO TOMAS, PROVINCE OF PANGASINAN, AND IN CERTAIN BARRIOS OF THE MUNICIPALITY OF ROSALES, SAME PROVINCE.

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

SECTION 1. Subject to the terms and conditions estab­lished in Act Numbered Thirty-six hundred thirty-six, as amended by Commonwealth Act Numbered One hundred thirty-two, and to the provisions of the Constitution, there is granted to the Carmen Electric Service Company, for the period of twenty-five years from the approval of this Act, the right, privilege and authority to install, maintain and operate an electric light, heat and power system for the purpose of generating and distributing electric light, heat and/or power for sale in the poblacion and barrios of the Municipality of Santo Tomas, Province of Pangasinan, and in Barrios Guiling, Culiling, San Bartolome, Rabago, San Isidro, Pangaoan, Tumana,   and   Carmen, Municipality of Rosales, in the same province.

SEC. 2. In the event that the grantee shall purchase and secure electric heat and power from the National Power  Corporation,   the  latter  is   hereby  authorized   to negotiate and transact for the benefit and  in behalf of  consumers with reference to rates.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 for electric current sold under this franchise, two per centum shall   accrue to the National Government and three per centum to the municipal governments of the municipalities where it operates.

SEC. 3. In the event further that the National Power Corporation shall have established its lines in the area adjacent to, within or over the territory covered by the franchise, the National Power Corporation may make available its power and electric energy, only after negotiation with and through, or with the authority and consent of the herein grantee.

SEC. 4. It is expressly provided that, in the event the Government should desire to maintain and operate for itself the system and enterprise herein authorized, the grantee shall surrender its franchise and will turn over to the Government all serviceable equipment therein, at cost,  less reasonable  depreciation.

SEC. 5. In the event of any competing person, natural or juridical, receiving from the Congress of the Philippines a similar franchise in which there shall be any term o 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. 6. This Act shall take effect upon its approval.

Enacted without Executive approval, June 15, 1968.