REPUBLIC ACT No. 5330

An Act Granting Genaro U. Aventajado a Franchise to Construct, Maintain and Operate an Ice Plant and Cold Storage in the Municipality of Babatngon, Province of Leyte, and to Sell Ice and Supply Cold Storage Within Said Municipality

Be it enacted by the Senate and House of Representatives of the Philippine 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, Act Numbered Thirty six hundred and thirty-six, as amended by Commonwealth Act Numbered One hundred and thirty-two, and to the provisions of the Constitution, there is granted to Genaro U. Aventajado for a period of twenty-five years from the approval of this Act, the right, privilege and authority to construct, maintain and operate an ice plant and cold storage in the Municipality of Babatngon, Province of Leyte, for the purpose of manufacturing ice for distribution and sale, and supplying cold storage within the said municipality, and to charge and collect a schedule of rates and prices therefor, which shall at all times be subject to regulations by the Republic Service Commission or its legal successor.

Section 2. The grantee shall manufacture and supply ice up to the limit of the capacity of his plant, said limit to be determined by the Public Service Commission.

Section 3. All the apparatus and appurtenances to be used by the grantee shall be modern, safe and first class in every respect. The grantee, whenever the Public Service Commission determines that public interest reasonably requires it, shall change or alter any of the apparatus and appurtenances at his expense.

Section 4. If the grantee shall not commence the construction of his plant within two years 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 any other cause beyond the grantee's control, this franchise shall become null and void.1avvphi1

Section 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.

Section 6. The books, records and accounts of the grantee shall always be open to the inspection of the Auditor General, 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.

Section 7. In the event of any competing person, natural or juridical, receiving from the Congress of the Philippines a similar franchise in which there should 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.

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

Approved: June 15, 1968.


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