Title
Republic Act No. 2321
Date
Jun 19, 1959
Republic Act No. 2321 grants the Municipality of Villaba in Leyte a franchise to construct and operate an electric light, heat, and power system, with specific provisions on rate regulation, use of profits, and penalties for violations.
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Law Summary

1. Grant of Franchise

  • Legal Principle: This section grants the Municipality of Villaba the authority to construct, maintain, and operate an electric light, heat, and power system for 25 years.
  • Key Definitions:
    • Grantee: Refers to the Municipality of Villaba.
  • Requirements:
    • Operation is subject to the terms of Act No. 3636 and Commonwealth Act No. 132.
  • Timeframe: Effective for 25 years from approval date, June 19, 1959.

2. Rates for Electricity and Profit Limitations

  • Legal Principle: The grantee must fix electricity rates to ensure profits do not exceed 6% per annum of the defined rate base.
  • Key Definitions:
    • Rate Base: Money invested in useful property and equipment minus accrued depreciation.
  • Requirements:
    • Original rates must be approved by the Public Service Commission before operations commence.
    • If profits exceed 6%, the grantee must reduce rates proportionally and retroactively.
  • Penalties:
    • Violations may lead to dismissal, imprisonment (1-5 years), and civil liability for overcharges.

3. Record-Keeping Obligations

  • Legal Principle: The grantee is required to maintain detailed records of financial activities.
  • Key Requirements:
    • Complete records of assets, liabilities, revenues, and expenses must be maintained.
    • Accounting system must conform to standards set by the Public Service Commission and Auditor General.

4. Depreciation Accounting

  • Legal Principle: The grantee must record depreciation of properties monthly.
  • Requirements:
    • Use the straight-line method for depreciation calculation.
    • Submit estimated service lives and rates for approval by the Public Service Commission.

5. Definitions of Key Terms

  • Legal Principle: Specific terms used in the act are clearly defined.
  • Key Definitions:
    • Cost: The actual cash value of properties or services at the time of transaction.
    • Units of Property: Items accounted for by crediting their book cost when retired.
    • Straight-Line Method: Depreciation spread equally over service life.

6. Limitations on Operating Expenses and Quality of Service

  • Legal Principle: The grantee must adhere to limits on operating expenses and quality standards set by the Public Service Commission.
  • Requirements:
    • Compliance with safety rules and service quality expectations.

7. Borrowing Authority

  • Legal Principle: The grantee is permitted to borrow from financial institutions for project financing.
  • Key Details:
    • This borrowing can exceed normal limits defined by other laws.

8. Non-Partisan Administration

  • Legal Principle: Franchise administration must be conducted on a non-partisan basis.
  • Key Requirements:
    • Appointments must be based on merit and efficiency without political considerations.

9. Right of National Government to Acquire Property

  • Legal Principle: The National Government can acquire the grantee's property.
  • Requirements:
    • Must compensate the grantee for original investments and assume obligations.

10. Penal Provisions

  • Legal Principle: Specific penalties are established for misuse of profits or failure to report violations.
  • Penalties:
    • Fines up to ₱5,000 or imprisonment (up to 2 years) for misuse.
    • Dismissal and imprisonment (1-5 years) for failure to report violations.

11. Repeal of Inconsistent Laws

  • Legal Principle: Existing laws inconsistent with this act are repealed or modified.

12. Separability Clause

  • Legal Principle: If any provision is invalidated, the remaining provisions remain effective.

13. Effectivity Clause

  • Legal Principle: The act takes effect immediately upon approval.

Key Takeaways

  • The Municipality of Villaba is authorized to operate an electric system for 25 years, with strict regulations on profit and rate-setting.
  • Detailed record-keeping and adherence to standards set by the Public Service Commission are mandatory.
  • Non-compliance with various provisions can lead to severe penalties, including imprisonment and financial liability.
  • The act underscores the importance of non-partisan management and allows for potential government acquisition of the grantee's assets.

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