Title
Franchise for Ice Plant in Manila and Rizal
Law
Republic Act No. 4496
Decision Date
Jun 19, 1965
Republic Act No. 4496 grants Tobias P. Marcelo or his successors a franchise to construct and operate ice and cold storage plants in Manila and Rizal Province, subject to regulation by the Public Service Commission, with a franchise tax of 5% of gross earnings.

Law Summary

Obligations on Production and Supply Capacity

  • Grantee is obliged to manufacture and supply ice up to the full productive capacity of installed ice plants.
  • Cold storage services must likewise be provided up to the total installed capacity.

Equipment Standards and Regulatory Oversight

  • All equipment and appurtenances must be modern, safe, and of first-class quality.
  • The Public Service Commission may require changes or alterations to equipment at grantee's expense after due process if public interest so demands.

Validity, Conditions, and Commencement of Operations

  • Franchise valid for 25 years from approval of the Act.
  • Must begin construction within 2 years and complete operations within 4 years from approval.
  • Extensions allowed only for reasons of force majeure, acts of God, martial law, riots, civil commotion, military usurpation, or other uncontrollable causes.
  • Grantee must notify the Public Service Commission in writing by the 7th year post-approval about constructed plants, including location and capacity.

Transparency and Reporting Requirements

  • Books, records, and accounts open for inspection by local treasurers or authorized representatives.
  • Quarterly reports of gross receipts to be submitted in duplicate to the corresponding treasurers, one copy forwarded to the Auditor General for filing.

Regulatory Jurisdiction and Congressional Authority

  • Public Service Commission's jurisdiction limited to rate fixing and equipment regulation per Section 3.
  • Franchise remains subject to amendment, alteration, or repeal by Congress if public interest warrants.

Equitable Conditions in Case of Competing Franchises

  • If any competing entity receives more favorable franchise conditions, such conditions shall automatically apply to this grantee to prevent disadvantage.

Transfer and Assignment of Franchise

  • Franchise may be transferred or assigned with Congressional approval to individuals or entities qualified under Commonwealth Act No. 146, as amended, for operating public services.

Franchise Taxation

  • Grantee shall pay a franchise tax of 5% on gross earnings.
  • 3% accrues to the National Government; 2% to the city and/or municipality where the franchise operates.

Effectivity

  • The Act takes effect upon its approval.

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