[ REPUBLIC ACT NO. 4635, June 19, 1965 ]

AN ACT GRANTING RUFINO B. CARREON A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND COLD STORAGE IN BARRIO TALIPAPA, NOVALICHES ROAD, QUEZON CITY, AND TO SELL ICE THEREIN.



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

SECTION 1. Subject to the conditions imposed by this Act, there is granted to Rufino B. Carreon, hereinafter referred to as the grantee, a franchise to construct, operate and maintain an ice plant and cold storage in Barrio Talipapa, Novaliches Road, Quezon City, for the purpose of manufacturing and distributing ice and supplying cold storage therein and collect a schedule of prices and rates for the ice so furnished and storage service offered, which schedule of prices and rates shall at all times be subject to regulation by the Public Service Commission.

SEC. 2. The grantee shall manufacture and supply ice up to one hundred tons a day and shall operate five hundred tons capacity ice storage and ten thousand cubic meters cold storage.

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 the apparatus and appurtenances at grantee's expense.

SEC. 4. If the grantee shall not commence the manufac­ture of ice in the place mentioned herein 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, delay in the arrival of equipment in the country or any other cause beyond the grantee's control, this franchise shall become null and void.

SEC. 5. This franchise shall continue for a period of twenty-five years and is granted subject to the provisions of Commonwealth Act Numbered One hundred forty-six, as amended, only with respect to the fixing of rates, 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.

SEC. 6. In the event of any competing 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 a 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 said com­peting individual, association of persons or corporation.

SEC. 7. 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 ice sold and cold storage so furnished under this franchise, three per centum of which shall accrue to the National Government and two per centum to the municipality where the franchise is being operated.

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

Approved, June 19, 1965.