Republic Act No. 3003

 

 

AN ACT

GRANTING RAFAEL CONSING A FRANCHISE TO INSTALL, OPERATE AND MAINTAIN AN ELECTRIC LIGHT, HEAT AND POWER SYSTEM IN THE MUNICIPALITY OF TAGO, PROVINCE OF SURIGAO

 

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

 

SECTION 1.  Subject to the conditions established in this Act and the provisions of Act Numbered Thirty-one hundred and eight and its amendments, applicable thereto, there is hereby granted to Rafael Consing, for a period of fifty years from the approval of this Act, the right, privilege, and authority to construct, maintain and operate an electric light, heat and power system for the purpose of generating and distributing electric light, heat and power for sale within the limits of the Municipality of Tago, Province of Surigao, Philippines.  The grantee shall further have the right and privilege to install, lay and maintain on all streets, public thoroughfares, bridges and public places within said limits, poles, conductors, interrupters, transformers, cables, wires, and other overhead appliances, and all other necessary apparatus and appurtenances for the furnishing and distribution of electric current and to supply, sell and furnish such current to any person, corporation or public or private concern within said limits for provincial, municipal, domestic or manufacturing uses and for any other use to which electricity may be put, and to charge and collect a schedule of prices and conventional sets for the use of the same:  Provided, That this franchise shall not take effect until the grantee shall have obtained from the Public Service Commission a certificate showing the public necessity and convenience of the same, in accordance with the purpose of subsection (i) of Section fifteen of Act Numbered Thirty-one hundred and eight, as amended, and shall have filed such certificate with the Secretary of Public Works and Communications upon accepting this franchise:  And provided, further, That if the grantee does not file the proper application for said certificate with the Public Service Commission within six months from the date of the approval of this Act, this franchise shall become null and void.

 

SEC. 2.  The poles erected by the grantee shall be of such a height as to maintain the wires stretched on the same at a distance of at least twenty feet above the level of the ground, and shall be of such appearance as not to disfigure the streets, and shall be placed with due regard for the public safety so as not to be a danger to the same, in accordance with a plan approved by the provincial or municipal authorities concerned, represented by the provincial governor or the municipal mayor, as the case may be, and said grantee shall supply electric power, heat and light to any applicant for the same within fifteen days after the date of his application and as between such applicant and other applicants, in the order of the date of his application, up to the limit of the capacity of the plant of said grantee, to be determined by the electrical engineer of the Public Service Commission on the application of said grantee, and should the demand for electric power, heat and light at any time increase beyond the capacity of the plant of said grantee to supply the same, the capacity of said plant shall be increased by said grantee to meet such demand, in accordance with the decision of the Public Service Commission or its legal successors:  Provided, however, That in case the point at which the electric light, heat, or power to be supplied is more than thirty meters from the lines or wires operated by said grantee, the latter shall not be obliged to furnish said service.

 

SEC. 3.  All apparatus and appurtenances used by the grantee shall be modern and first class in every respect, and said wires shall be insulated and carefully connected and fastened so as not to come in direct contact with any object through which a ground could be formed, and shall be stretched so as not to interfere with the free use of said streets and public thoroughfares nor cause any injury to the public, or danger of fire or damage and inconvenience to the owners of the property:  Provided, That in the maintenance and operation of his plant and system for the transmission and distribution of electric current, the grantee shall always be subject to such reasonable regulations as the Municipal Council of Tago and the Provincial Board of Surigao may promulgate in the premises and also to the regulations prescribed by the National Electrical Code of America:  Provided, That the grantee shall, whenever the Congress of the Republic of the Philippines, upon recommendation of the Public Service Commission or its legal successors, so directs, place said wires in underground pipes or conduits at his own expense and without any cost and prejudice to the municipality above-mentioned.

 

SEC. 4.  Whenever it shall be necessary in the erection of said poles to take up any portion of the sidewalks or dig up the ground of the public streets or thoroughfares, then the said grantee shall, after said poles are erected, without any delay replace said sidewalks in the proper manner or arrange said streets or public thoroughfares removing from the same all rubbish, dirt, refuse or other materials which may have been placed there, taken up or dug in the erection of said poles, leaving them in as good condition as they were before the work was done; and whenever it shall become necessary, by reason of the extension of streets or plazas as determined upon by the municipal council of the municipality above-mentioned to change the location of such poles, such change shall be made by the grantee, his successors or assigns, at their expense without delay, and said poles shall be placed where directed by said provincial board or said municipal council.

 

SEC. 5.  Whenever any person has obtained permission to used any of the streets or public thoroughfares of the municipality above-mentioned for the purpose of removing any building or in the prosecution of any municipal work or for any just cause whatsoever, making it necessary to raise or remove any of said poles or electric wires which may obstruct the removal of said building so as to allow the free and unobstructed prosecution of said work, the person or entity at whose request the building has been moved or the construction undertaken, shall pay one-half of the actual cost of removing or raising and of replacing the poles, wires and other overhead or underground conductors.  The notice shall be served in the usual form, and in case of refusal or failure of the grantee to comply with such notice, the municipal mayor, with the proper approval of the municipal council first had, shall order such poles or wires to be raised or removed at the expense of said grantee, for the purpose aforesaid:  Provided, however, That the grantee may appeal from any such decision to the Provincial Board of Surigao whose decision shall be final.

 

SEC. 6.  The grantee shall be liable to the municipality above-named for any injury arising from any claims caused by accidents to person or property by reason of the construction under this franchise or of any neglect or omission to keep the said poles and wires in a safe condition.

 

SEC. 7.  Said grantee shall file his written acceptance of this franchise with the Secretary of Public Works and Communications within one hundred and eighty days from the date when he obtained the certificate required by Section one of this Act and shall commence work under the supervision and subject to the approval of the electrical engineer of the Public Service Commission, in accordance with the plan, specifications, and estimates previously approved by the Public Service Commission, within six months’ time from and after the date of filing such acceptance, unless prevented by an act of God, or force majeure, usurped or military power, martial law, riot or civil commotion or other inevitable cause, and shall complete the system and have the same in operation within eighteen months from the date of such acceptance, and shall thereafter maintain a first-class electric light, heat and power service:  Provided, That in consideration of the franchise hereby granted, the grantee shall pay quarterly into the municipal treasury of the municipality above-named one and one-half per centum of the gross earnings of his electrical business during the life of this franchise.  And said tax shall be in lieu of any and all taxes of any kind, nature or description levied, established or collected by any authority whatsoever, municipal, provincial, city or national now or in the future, on its building, poles, wires, insulators, transformers, installations, conductors, and accessories, placed in and over and under all public or private property, streets bridges and public squares, and on his franchise, rights, privileges, receipts, revenues and profits for which taxes the grantee is hereby expressly exempted.

 

SEC. 8.  Upon the acceptance of this franchise as provided in the preceding section, the grantee shall deposit in the National Treasury or with any of its agents in the Province of Surigao one thousand pesos or negotiable bonds of the Republic of the Philippines or other securities approved by the Secretary of Public Works and Communications of the face value of one thousand pesos, as an earnest of good faith and a guarantee that he will begin the electric light, heat and power business and may be completely provided with the necessary equipment therefore and ready to begin operation in accordance with the terms of this franchise:  Provided, however, That if such deposit is in cash, it may be made with same official depository of the Government in the name of the grantee and subject to the order of the National Treasurer, who shall retain the evidence of the deposit so made.  In this case, as well as in the case of the deposit being made in negotiable bonds or other securities, as provided in this section, the interest of the cash deposit or of the bonds or securities deposited, if any, shall belong to the grantee.

 

In case such grantee shall fail, refuse or neglect, unless prevented by fortuitous cause or force majeure, public enemy, usurpation by military power, martial law, riot, civil commotion, or other inevitable cause, to commence the work for the electric light, heat and power service within six months from the date of acceptance of this franchise, or shall fail to provide the necessary equipment and be ready to operate within eighteen months after the date of such acceptance, in accordance with the terms of this franchise, then the deposit prescribed in this section and in the possession of the National Treasurer, whether in cash, bonds or other securities, shall be forfeited to the Provincial Government of Surigao, as damage for the breach of implied contract involved in the acceptance of this franchise, and this franchise shall be null and void.  In case the grantee begins to operate the electric light, heat and power service and is ready for operation under this franchise, within the time limits specified, the deposit provided for in this section shall, upon.  recommendation by the Public Service Commission or its legal successor, be returned by the National Treasurer to said grantee:  Provided, That the time during which such grantee has been prevented by any of the causes above referred to from carrying out the terms and conditions of this franchise shall be added to the time granted by this franchise for the fulfillment of its conditions.

 

SEC. 9.  The municipality above-named shall have the privilege, without compensation, of using the poles of the grantee for the purpose of installing, maintaining and operating the police telephone and alarm system, but the wires of such telephone and alarm system shall be placed and stretched in such manner as to cause no interference with or damage to the wires of the electric service of the grantee.

 

SEC. 10.  The grantee is forbidden to issue stock or bonds under this franchise except in exchange for actual cash or for property at a fair valuation equal to the par value of the stock or bonds issued and upon prior authority of the Public Service Commission.  Nor shall said grantee declare any stock or bond as dividend.

 

SEC. 11.  The books and accounts of the grantee shall always be open to the inspection of the Provincial Treasurer of Surigao or his authorized representative and it shall be the duty of the grantee to submit to the provincial treasurer quarterly reports in duplicate showing the gross receipts and the net receipts for the past quarter and the general condition of the business, one of which shall be forwarded by the provincial treasurer to the Auditor General who shall keep the same on file.

 

SEC. 12.  The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise, nor the rights or privileges acquired thereunder to any person, natural or juridical, nor merge with any other person, without the approval of the Congress of the Philippines first had.  Any person, natural or juridical, to which this franchise may be sold, transferred or assigned, shall be subject to the corporation laws of the Philippines now existing or hereafter enacted, and any person to which this franchise is sold, transferred or assigned shall be subject to all conditions, terms, restrictions and limitations of this franchise as fully and completely and to the same extent as if the franchise had been originally granted to such person:  Provided, That in case of any national emergency affecting and endangering the public safety and order, the Republic of the Philippines shall have the right to take possession of the electric light system, as provided in this Act, and operate the same until such emergency shall have passed.

 

SEC. 13.  The Public Service Commission or its legal successor, after hearing the interested parties, upon notice and order in writing, shall have the power to declare the forfeiture of this franchise and all rights inherent in the same for failure on the part of the grantee to comply with any of the terms and conditions thereof, unless such failure shall have been directly and primarily caused by an act of God, public enemy or force majeure.  Against such declaration of the forfeiture by the Public Service Commission or its legal successor, the grantee may apply for the remedies provided in Section thirty-five of Act Numbered Thirty-one hundred and eight, as amended.

 

SEC. 14.  At any time after forty years from the date of the approval of this Act, the Republic of the Philippines or any of the political subdivisions thereof to which the right may be assigned, may purchase, and the grantee shall sell thereto, all of his plant, poles, wires, buildings real estate and all other property used in the enjoyment of this franchise, at a valuation based in part upon the net earnings of the grantee and its true worth on the books, making the proper deduction for depreciation; in part on the cost of the actual reproduction of said property, less depreciation, and, in part, on the original cost of said property, less depreciation, the valuation to be determined after hearing by the three Commissioners of the Public Service Commission, sitting as a board of arbitrators, whose decision by a majority of the members thereof shall be final.

 

SEC. 15.  The rates for the light service, flat rate as well as meter rate, fixed by the grantee, shall always be subject to regulations by the Congress of the Philippines or by the proper authorities, and shall in no case be in excess of forty centavos per kilowatt hour:  Provided, That only subscribers who have more than ten outlets installed in one building shall be entitled to be furnished with a meter.

 

SEC. 16.  Whenever in this franchise, the term “grantee” is used, it shall be held and understood to mean and represent Rafael Consing, his representatives, successors or assigns.

 

SEC. 17.  This Act shall take effect upon its approval.

 

Enacted without Executive approval, June 19, 1960

 

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