REPUBLIC ACT No. 5364
An Act Granting Dominador A. Simon a Franchise to Construct, Maintain and Operate an Ice Plant and Cold Storage in the City of Cotabato and to Sell Ice and Supply Cold Storage Within the Province and City of Cotabato
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. Subject to the conditions established in this Act, and the provisions of Commonwealth Act Numbered One hundred and forty-six, as amended, and of the Constitution, applicable thereto, there is hereby granted to Dominador A. Simon, hereinafter called the grantee, his successors or assigns, for a period of twenty-five years from the approval of this Act, the right and privilege to construct, operate and maintain ice plant and cold storage in the City of Cotabato, for the purpose of manufacturing and distributing ice within said city and province of Cotabato and to charge and collect a schedule of prices and rates for the ice and cold storage so furnished, which schedule of prices and rates shall at all times be subject to regulation by the Public Service Commission.
Section 2. Said grantee shall manufacture and supply ice up to the limit of the capacity of his plant.
Section 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 change or alter any of said apparatus and appurtenances at his expense whenever the Public Service Commission shall determine that public interest reasonably requires it.
Section 4. If the grantee shall not commence the manufacture and distribution of ice in said city and province within five 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 subject to the provisions of Commonwealth Act Numbered One hundred forty-six, as amended, and with the understanding and upon condition that it shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when 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 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.
Section 7. In the event of any other 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 than those herein granted or tending to place the herein grantee at any disadvantage, then such term or terms shall ipso 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.
Section 8. In consideration of the franchise and rights granted by this Act, the grantee shall pay taxes as provided for under existing laws.
Section 9. This Act shall take effect upon its approval.
Approved: June 15, 1968.
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