Title
Republic Act No. 4063
Date
Jun 18, 1964
Republic Act No. 4063 grants Lazatin Incorporated a 25-year franchise to construct and operate a water supply system in San Jose and Sto. Domingo, Angeles City, outlining their rights, obligations, and responsibilities, as well as procedures for land acquisition, construction, and maintenance.
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Law Summary

1. Grant of Franchise

  • Legal Principle: Lazatin Incorporated is granted a franchise to construct, maintain, and operate a water supply system in the barrios of San Jose and Santo Domingo, Angeles City, for a period of twenty-five years.
  • Key Definitions:
    • Grantee: Lazatin Incorporated, herein referred to as the recipient of the franchise.
  • Requirements:
    • The grantee must comply with Commonwealth Act No. 146 and the Constitution.
    • Obtain a certificate from the Public Service Commission (PSC) showing public necessity within three months of the Act's approval.
  • Consequences: Failure to file for the certificate results in the franchise becoming null and void.

2. Rights and Privileges

  • Legal Principle: The grantee is authorized to construct and operate various components of the water supply system.
  • Key Details:
    • Rights to install water mains, pipes, conduits, reservoirs, and dams on duly acquired land.
    • Right to supply and sell water for domestic and manufacturing uses.
    • The price schedule for water is subject to PSC regulation.
  • Procedures:
    • Must purify water sources with Bureau of Health Services approval.

3. Land Acquisition

  • Legal Principle: The grantee can acquire land necessary for system construction.
  • Key Requirements:
    • Obtain land through grant, lease, or purchase.
    • May initiate expropriation proceedings in competent court if necessary.
  • Timeframes: None specified for this provision.

4. Installation Standards

  • Legal Principle: Specific installation standards for water mains and pipes are mandated.
  • Key Details:
    • Mains must be buried at least 45 cm below ground in the strong-material zone.
    • Above-ground installation is allowed under certain conditions.
  • Procedures:
    • Changes to mains must follow PSC directives to avoid interference with public utilities.

5. Maintenance Obligations

  • Legal Principle: The grantee must maintain public thoroughfares post-installation.
  • Key Requirements:
    • Replace sidewalks and restore public thoroughfares post-construction.
  • Consequences: Failure to comply may lead to penalties as dictated by the PSC.

6. Liability for Damages

  • Legal Principle: The grantee accepts liability for damages to city property or individuals due to negligence.
  • Key Details:
    • Must compensate the city for damages resulting from non-compliance.

7. Acceptance and Compliance

  • Legal Principle: The grantee must formally accept the franchise and begin work within stipulated timeframes.
  • Key Timeframes:
    • Must accept the franchise within 120 days after obtaining PSC certification.
    • Work must commence within six months and be completed within eighteen months.
  • Penalties: Failure to comply results in forfeiture of a cash deposit made as a guaranty.

8. Financial Obligations

  • Legal Principle: The grantee must pay a percentage of gross earnings to the city and file periodic financial reports.
  • Key Requirements:
    • Pay 3% of gross earnings for the first 15 years, 2% for the remaining 10 years.
    • Submit biannual financial reports to the city treasurer.

9. Restrictions on Transfer

  • Legal Principle: The grantee cannot transfer the franchise without congressional approval.
  • Key Details:
    • Any lease or sale requires filing an agreement with the Secretary of Public Works.
  • Emergency Clause: The government can take over the system during national emergencies.

10. Forfeiture of Franchise

  • Legal Principle: The PSC has the authority to declare forfeiture of the franchise for non-compliance.
  • Procedures:
    • Interested parties may be heard before a forfeiture is declared.

11. Reversion of Rights

  • Legal Principle: Upon termination of the franchise, rights revert to the respective government units.
  • Key Details: All lands and rights acquired under the franchise revert to the original owners upon termination.

12. Amendments and Repeals

  • Legal Principle: The franchise is subject to amendment or repeal by Congress in the public interest.
  • Timeframes: None specified for amendments.

13. Effectivity

  • Legal Principle: This Act takes effect upon approval, which occurred on June 18, 1964.

Key Takeaways

  • Lazatin Incorporated has a 25-year franchise to manage a water supply system in Angeles City, requiring PSC regulation and adherence to public safety standards.
  • Significant timeframes include obtaining necessary certifications and commencing operations within specified periods.
  • The franchise includes financial obligations to the city, liability for damages, and restrictions on transferability.
  • Compliance failure can lead to penalties, including forfeiture of the franchise.

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