REPUBLIC ACT NO. 4453 - AN ACT GRANTING RAFAEL MUSNI A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE AN ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF TUKURAN, PROVINCE OF ZAMBOANGA DEL SUR, TO FURNISH COLD STORAGE THEREIN, AND TO DISTRIBUTE AND SELL ICE THEREIN AS WELL AS IN THE MUNICIPALITIES OF AURORA, MOLAVE, RAMON MAGSAYSAY, TAMBULIG, LABANGAN, DUMALINAO, BUUG, KUMALARANG, DIMATALING AND SAN PABLO, ALL WITHIN THE PROVINCE OF ZAMBOANGA DEL SUR.

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

SECTION 1. Subject to the conditions imposed by this Act, there is granted to Rafael Musni, his successors or assigns, for a period of twenty-five years after the approval of this Act, the right, privilege and authority to construct, maintain and operate an ice plant and cold storage in the Municipality of Tukuran, Province of Zamboanga del Sur, for the purpose of furnishing cold storage and manufacturing ice to be distributed and sold therein as well as in the municipalities of Aurora, Molave, Ramon Magsaysay, Tambulig, Labangan, Dumalinao, Buug, Kumalarang, Dimataling and San Pablo, all within the Province of Zamboanga del Sur, and to charge and collect a schedule of rates and prices for the cold storage so furnished and the ice so manufactured, distributed and sold, which schedule of rates and prices shall at all times be subject to regulation by the Public Service Commission.

SEC. 2. The grantee shall furnish cold storage and manufacture and supply ice up to the limit of the capacities of his ice and cold storage plants.

SEC. 3. All the apparatus and appurtenances to be used by the grantee shall be modern, safe and first class in every respect.

SEC. 4. If the grantee shall not commence the manufacture of ice and supply cold storage therein within two years from the approval of this Act, unless prevented by an act of God, or force majeure, martial law, riot, civil commotion, usurpation by a military power or any other cause beyond grantee's control, this franchise shall become null and void.

SEC. 5. This franchise is granted subject to the provisions of Commonwealth Act Numbered One hundred forty-six, as amended, only with respect to the fixing of rates, and with the understanding and upon the condition that it shall be subject to amendment, alteration or repeal by the Congress of the Philippines when public interest so requires.

SEC. 6. In consideration of the franchise and rights hereby granted, the grantee shall pay a franchise tux equal to five per centum of the gross earnings under this franchise, three per centum of which shall accrue to the National Government and two per centum to the municipality where the franchise is being operated.

SEC. 7. This Act shall take effect upon its approval.

Approved, June 19, 1965.