Parties, grant, and term
- Section 1 grants to Manuel B. Soriano the right, privilege, and authority to construct, maintain, and operate an ice plant and cold storage.
- The franchise is for a period of twenty-five years from the approval of Republic Act No. 4608.
- The franchise covers operations in the Municipality of Barotac Nuevo, Province of Iloilo.
- The franchise is granted for manufacturing ice for distribution and sale, and for supplying cold storage therein.
Legal basis and regulatory condition
- Section 1 makes the franchise subject to the terms and conditions of Commonwealth Act No. 146, as amended.
- Section 1 requires that the grantee’s schedule of prices and rates be subject to regulation by the Public Service Commission or its legal successor.
- Section 2 requires the grantee to sell ice at rates determined by the Public Service Commission.
- Section 2 requires the grantee to manufacture and supply ice up to a capacity limit to be determined by the Public Service Commission.
Franchise scope and operational limits
- Section 1 authorizes the manufacture of ice for distribution and sale.
- Section 1 authorizes supplying cold storage within the cold storage facilities.
- Section 2 limits the grantee’s production to the plant’s determined capacity.
- Section 2 limits sales to rates determined by the Public Service Commission.
- Section 1 allows the grantee to charge and collect a schedule of prices and rates, subject to regulatory control.
Plant standards and required modifications
- Section 3 requires all apparatus and appurtenances used by the grantee to be modern, safe, and first class in every respect.
- Section 3 requires the grantee to change or alter apparatus and appurtenances at the grantee’s expense when the Public Service Commission determines that public interest reasonably requires it.
Commencement deadline and forfeiture
- Section 4 requires the grantee to commence construction of the ice plant and cold storage within two years from approval of Republic Act No. 4608.
- Section 4 provides that the franchise becomes null and void if construction is not commenced within two years.
- Section 4 prevents nullity when delay is due to 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.
Public-interest amendment and congressional control
- Section 5 states that the franchise is granted subject to amendment, alteration, or repeal by Congress when public interest so requires.
Records, audits, and quarterly reporting
- Section 6 requires that the grantee’s books, records, and accounts remain open to inspection by the Auditor General or authorized representatives.
- Section 6 requires the grantee to submit to the Auditor General quarterly reports in duplicate showing the gross receipts for the quarter.
Franchise tax and revenue sharing
- Section 7 requires the grantee to pay a franchise tax equal to 5% of gross earnings under the franchise.
- Section 7 allocates 3% of the gross earnings as accruing to the National Government.
- Section 7 allocates 2% of the gross earnings to the Municipality of Barotac Nuevo, where the franchise is operated.