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.