Memorandum Circular No. 761




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 761, August 19, 1974 ] ENJOINING ALL AGENCIES OF THE GOVERNMENT CONCERNED WITH THE IMPLEMENTATION OF LAWS RELATIVE TO THE ESTABLISHMENT OF ICE PLANTS, COLD STORAGE AND SIMILAR FACILITIES. The regulation, of ice plants, cold storage and similar facilities as a public utility has been deliberately eliminated in the Integrated Reorganization Plan which was enacted into law under Presidential Decree No. 1 dated September 24, 1972. Further, Presidential Decree No. 4-3, which provides for the acceleration of the development of the fishery industry of the Philippines, provides, among others: “Section 6(14) x x x (Provided, further, That ice-making, cold storage and quick-freezing facilities may be established by any person, corporation, or cooperative in any part of the country without the necessity of any Congressional or Municipal franchise, notwithstanding the provision of the law to the contrary”; and In view of this, it is therefore evident that ice plants, cold storage and similar facilities are no longer subject to regulation as a public utility but as ordinary business enterprises.⚖ - ℒαɯρhi৷ All entities of the government concerned with the implementation of the laws above-cited are therefore hereby enjoined to allow the establishment of the facilities mentioned without the necessity of securing a franchise. A business permit for the operation thereof, however, must be secured from the local government concerned in accordance with the laws, rules and regulations and applicable to ordinary business enterprises. For immediate compliance. By authority of the President: (SGD.) ALEJANDRO MELCHOR Executive Secretary Manila, August 19, 1974 The Lawphil Project - Arellano Law Foundation