Title
Act No. 1262
Date
Nov 15, 1904
A Philippine law grants Ignacia Arnalot the right to divert and utilize water from two rivers for generating electric power, with the authorization to construct necessary infrastructure and charge tolls, subject to regulation, for a period of twenty-five years.
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Law Summary

Grant of Franchise

  • Explanation: This section grants Ignacio Arnalot the authority to divert water from specific rivers for generating electric power and transmitting it to his factory.
  • Key Definitions:
    • Grantee: Ignacio Arnalot, his successors and assigns.
    • Rivers: Ibiang Munti and Ibiang Malaqui.
    • Electric Power: Power generated for sale to individuals and corporations.
  • Requirements:
    • Right to divert water for 25 years from the date of enactment.
    • Construction and operation of related facilities (dams, canals, powerhouses, etc.).
  • Important Procedures:
    • Water used must be returned to the rivers as directed by the Consulting Engineer.
  • Consequences:
    • Failure to adhere to the terms may result in forfeiture of the franchise.

Acceptance and Construction Timeline

  • Explanation: Details the requirements for the acceptance of the franchise and the timeline for construction.
  • Requirements:
    • Acceptance of the franchise conditions must be filed within 30 days.
    • Detailed plans for the power plant must be submitted within 40 days for approval.
    • Construction must commence within 90 days after plan approval.
    • The plant must be operational within 15 months from the enactment date.
  • Consequences:
    • Forfeiture of the franchise occurs for failure to commence construction or for discontinuation of operation for two years.

Inspection and Operation

  • Explanation: Outlines the requirements for inspection and operation of the power plant.
  • Requirements:
    • The power plant cannot operate without inspection and a permit issued by the Consulting Engineer.
    • Maintenance of the plant and bridges must meet the standards set by the Consulting Engineer.
  • Consequences: Non-compliance with inspection requirements can impede operational status.

Municipal Water Use Reservation

  • Explanation: This section reserves a specific amount of water for municipal purposes.
  • Key Definitions:
    • Reserved Quantity: 30 liters per second from the rivers.
  • Requirements:
    • The municipality of Tayabas retains the right to use this water, which must not significantly interfere with the grantee’s operations.

Compliance with Electric Code

  • Explanation: Mandates adherence to electrical safety and installation standards.
  • Requirements:
    • Electric installations must comply with the latest National Electric Code of the United States.
    • The Consulting Engineer or authorized agents may inspect the plant at any time.

Financial Obligations

  • Explanation: Outlines financial responsibilities of the grantee to the government.
  • Requirements:
    • Annual payment of 1% of gross receipts from electric power sales to the Government of the Philippine Islands.
    • The grantee's books must be open for inspection by the Insular Treasurer, who will receive quarterly reports of gross and net receipts.
  • Consequences: Non-compliance may affect financial standing and operations.

Legislative Oversight

  • Explanation: Indicates the franchise is subject to changes by the U.S. Congress.
  • Key Definitions:
    • Amendment: Possible alterations to the franchise terms by legislative action.
  • Requirements:
    • Compliance with limitations on corporations and franchises as per the Act of Congress approved July 1, 1902.

Expedited Passage

  • Explanation: States the urgency for the enactment of this bill.
  • Requirements:
    • The bill’s passage is expedited under specific legislative procedures.

Effective Date

  • Explanation: Establishes the law's enactment date.
  • Details: This Act shall take effect upon its passage on November 15, 1904.

Key Takeaways

  • The Act grants a 25-year franchise to divert water for electric power generation to Ignacio Arnalot.
  • Strict timelines and requirements for construction and operation are specified, with the risk of forfeiture for non-compliance.
  • The municipality of Tayabas reserves a portion of water for its use, ensuring minimal disruption to local resources.
  • Financial obligations include a percentage of gross receipts paid to the government and transparency in financial reporting.
  • Amendments to the franchise are possible under U.S. Congressional authority, ensuring ongoing regulatory oversight.

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