Title
Franchise for Water Supply in Calapan
Law
Republic Act No. 806
Decision Date
Jun 21, 1952
Republic Act No. 806 grants Carlos Nable a franchise to operate a water supply system in Calapan, Oriental Mindoro, allowing him to construct, maintain, and distribute water for sale within the municipality, subject to regulations and requirements set by the Public Service Commission.
A

Land Acquisition and Expropriation Rights

  • The grantee can acquire land by grant, lease, or purchase for reservoirs, dams, buildings, and storage tanks.
  • May obtain rights of way up to 10 meters wide for connecting reservoirs to the municipality's strong-material zone.
  • Authorized to institute expropriation proceedings in courts to acquire necessary land portions.

Construction and Maintenance of Water Mains and Pipes

  • Water mains and pipes within the strong-material zone must be installed at least 45 cm below ground.
  • Pipes between reservoirs and supply sources can be above ground on the grantee's right of way, except when crossing public areas.
  • Construction must comply with Public Service Commission-approved plans and be executed professionally.
  • Grantee must adjust infrastructure to avoid interference with public sewers or drains as directed.
  • Obligation to supply water to applicants within 15 days, respecting system capacity.
  • Required to expand system capacity upon increased demand, subject to Commission's approval.
  • Distribution limited to designated streets and public places.
  • Connection charges must be fair and regulated by the Public Service Commission.

Standards for Apparatus and Operational Compliance

  • All equipment must be modern and first-class.
  • Installation must not obstruct or interfere with public streets and places.
  • Operations subject to reasonable regulations imposed by the Public Service Commission.

Restoration of Public Infrastructure

  • Grantee must promptly restore sidewalks and public thoroughfares after installation or repair works.
  • Obliged to remove all construction debris and return areas to original conditions.
  • Must relocate mains or pipes at own expense if required by provincial or municipal authorities due to road or street extensions.

Liability and Compensation

  • Grantee is liable for damages to government property arising from non-construction or negligence.
  • Responsible for compensating individuals or entities for damages caused by faults or negligence in operation.

Acceptance of Franchise and Operational Timelines

  • Written acceptance must be filed within 120 days after certificate issuance.
  • Work commencement must occur within 6 months of acceptance under district engineer supervision.
  • System must be operational within 18 months of acceptance.
  • Required to maintain a first-class water system and service thereafter.
  • Obligated to pay quarterly to the municipal treasury: 1% of gross earnings for the first 15 years, 2% for the last 10 years.

Good Faith Deposit and Forfeiture Conditions

  • An earnest money deposit of 1,000 pesos or approved securities must be made upon acceptance as guarantee.
  • Failure to commence operations within specified timelines, except for force majeure, results in forfeiture of deposit to the provincial government.
  • Deposit and interest to be returned upon timely commencement and operation, with time extensions allowed for force majeure delays.

Reversion of Property and Franchise Assets

  • Upon franchise termination, all lands, rights, and properties revert to the government entities that owned them pre-franchise.
  • All properties used under this franchise also become government property.

Financial Reporting and Taxation

  • Grantee's books and accounts are open to inspection by the provincial treasurer or authorized representatives.
  • Semiannual reports on gross and net receipts and business condition must be submitted in duplicate.
  • Standard real estate and personal property taxes apply to grantee’s assets.

Restrictions on Transfer and Government Emergency Powers

  • Franchise transfer or lease to others requires prior approval by Congress.
  • Any such agreements must bind transferees to comply with all franchise terms.
  • Government reserves the right to take possession and operate the system during national emergencies affecting safety and order.

Forfeiture and Remedies

  • Public Service Commission may declare franchise forfeiture for non-compliance except for causes of force majeure.
  • The grantee may seek remedies consistent with provisions in Commonwealth Act No. 146 if forfeiture is declared.

Government Option for Water System Ownership

  • Government may require grantee to surrender the franchise for the government to operate the water system.
  • Equipment and system to be transferred at cost minus reasonable depreciation.

Effectivity

  • The Act takes effect immediately upon approval.

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