SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES ) i ’
THIRD REGULAR SESSION ) 7 OAs ty

SENATE 18 AUG 15 All :27

Senate Bill No._ 1939

Introduced by Sen. Win Gatchalian

AN ACT
ENSURING THE CONTINUOUS AND UNINTERRUPTED
‘TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, THE
PROTECTION OF THE INTEGRITY AND RELIABILITY OF POWER
LINES, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

EXPLANATORY NOTE

The electric power industry is hindered by problems with right of way
easements over lands traversed by transmission, sub-transmission,
and distribution lines. The National Grid Corporation of the
Philippines (NGCP) has repeatedly requested for assistance from the
government to help resolve problems with property owners who have
refused to allow NGCP personnel to enter their properties to clear and
restore damaged transmission lines.! In some cases, NGCP has gone
as far as the courts to seek redress.”

One aspect of energy security is the continuous and uninterrupted
operation of transmission, sub-transmission, and distribution
infrastructure. Programs must be in place to allow undisturbed
maintenance and rehabilitation of transmission, sub-transmission,
and distribution lines. Hence this bill.

‘This measure ensures the integrity and reliability of the electric power
infrastructure nationwide by (1) recognizing the key role played by
private landowners in ensuring that the Power Line Corridor remain

http: /www.rappler.com /trending/%20Agus%202-Kibawe%20Line%201 visited 22 November 2016.
“Right-of- way issues prevent NGCP from fixing critical power lines". Published 18 October 2015,

2 hitp:/ /newsinfo inquirer net/764354 /court-help-sought-for-tower-repair visited 22 November 2016,
“Court help sought for tower repait” by Riza T. Olchondra published on 13 February 2016



free of any hazardous impediments; (2) authorizing personnel to have
unhindered access over public or private property to conduct
inspection, repair, restoration, and preservation of transmission, sub-
transmission, and distribution lines; and (2) defining prohibited acts
which interfere, obstruct, or threaten the functioning of existing
transmission, sub-transmission, and distribution facilities.

Seeing that the ceaseless conveyance of electricity from generating
plants to end users is crucial to the country’s economic development,
the immediate passage of this bill is sought.



SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
THIRD REGULAR SESSION

SENATE
s.B. No. 1939

Introduced by SEN. WIN GATCHALIAN

AN ACT
ENSURING THE CONTINUOUS AND UNINTERRUPTED TRANSMISSION
AND DISTRIBUTION OF ELECTRICITY, ‘THE PROTECTION OF THE
INTEGRITY AND RELIABILITY OF POWER LINES, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF

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

SECTION 1. Short Title. - This Act shall be referred to as the “Power Line
Integrity and Reliability Act of 2018.”

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the
State to ensure uninterrupted Conveyance of Electricity from generating
plants to End Users, and protect the integrity and reliability of the country’s
transmission, sub-transmission, and distribution infrastructure by keeping
the land beneath, the air spaces surrounding, and the area traversed by
Power Lines clear of dangerous obstructions.

‘The State further recognizes that the continuous Conveyance of Electricity is
a matter of national security and is essential to sustaining the country’s
economic development. Finally, the State acknowledges the crucial role of
property owners in ensuring that Power Lines remain free of any dangerous
and hazardous activities and impediments.

SECTION 3. Coverage. - This Act shall cover all Power Lines and other
related facilities for the Conveyance of Electricity throughout the country.

SECTION 4. Definition of Terms. ~ For purposes of this Act, the following
terms shall be defined as stated below:



(a)

(b)

()

(a)

(e)

Armed Forces of the Philippines refers to the government agency
mandated under Section 4, Article XVI of the 1987 Constitution, and
whose organizational structure is provided under Republic Act No.
7898, otherwise known as “An Act Providing for the Modernization of
the Armed Forces of the Philippines and for Other Purposes” as
amended by Republic Act No. 10349, otherwise known as “An Act
Amending Republic Act No. 7898, Establishing the Revised AFP
Modernization Program and for Other Purposes”;

Board of Electrical Engineering refers to the Board created under
Republic Act No. 7920 otherwise known as the “New Electrical
Engineering Law” under the general supervision and administrative
control of the Professional Regulation Commission;

Civil Code of the Philippines refers to Republic Act No. 386;

Conveyance of Electricity refers to the delivery of electricity from
the generating plant to the premises of the End User, through Power
Lines;

Dangerous Structure or Building refers to those which are
structurally unsafe; or which constitute a fire hazard not provided
with safe egress, or are otherwise dangerous to human health; or
which in relation to existing use constitute a hazard to safety,
health, or public welfare, by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, or abandonment; or which
otherwise contribute to the pollution of the site or the community to
an intolerable degree. It also refers to any building or structure
which has any or all of the conditions or defects described in Section
1.01.08 (b), Republic Act No. 6541, otherwise known as the
“National Building Code of the Philippines”: Provided, That such
condition or defect exists to the extent that life, health, property, or
safety of the public or its occupants are endangered;

Department of Energy (DOE) refers to the government agency
created pursuant to Republic Act No. 7638, otherwise known as the
“Department of Energy Act of 1992” and whose powers were
expanded under Republic Act No. 9136, otherwise known as the
“Electric Power Industry Reform Act of 2001”;

Department of Environment and Natural Resources (DENR)
refers to the government agency created pursuant to Executive



(h)

(i)

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(k)

a)

(m)

(n)

Order No. 292, otherwise known as the “Administrative Code of
1987";

Distribution Lines refer to the system of wires and associated
facilities, used for the Conveyance of Electricity, belonging to a
Distribution Utility and extending between the delivery points on the
transmission, sub-transmission system, or generating plant
connection and the point of connection to the premises of the End
User;

Distribution Utility (DU) refers to any electric cooperative, private
corporation, or government-owned utility which has a franchise to
operate a distribution system including those whose franchise covers
economic zones;

Easement Fee refers to the amount corresponding to the full and
fair value of the property being taken from the owner, as determined
by the courts in accordance with relevant laws, rules, and
regulations.

End User refers to any person or entity requiring the supply and
delivery of electricity for its own use;

Hazardous Activities refer to burning of waste and other materials,
excavation, quarrying, and other activities of the same nature and
character, which are performed partially or wholly inside the Power
Line Corridor;

Hazardous Improvements refer to structures, buildings, and
improvements of whatever kind, whether temporary or permanent in
character and regardless of the purpose for which they are intended,
which are located partially or wholly inside the Power Line Corridor;

Housing and Land Use Regulatory Board (HLURB) refers to the
government agency designated as the sole regulatory body for
housing and land development by Executive Order No. 90, otherwise
known as ‘Identifying the Government Agencies Essential for the
National Shelter Program and Defining Their Mandates, Creating the
Housing and Urban Development Coordinating Council,
Rationalizing Funding Sources and Lending Mechanisms for Home
Mortgages and for Other Purposes”;



(P)

(a)

(r)

(s)

iC)

(u)

Joint Congressional Power Commission (JCPC) refers to the
congressional oversight body created under Section 62 of Republic
Act No. 9136, otherwise known as the “Electric Power Industry
Reform Act of 2001";

National Power Corporation (NPC) refers to the government
corporation created under Republic Act No. 6395, otherwise known
as “An Act Revising the Charter of the National Power Corporation”
as amended, and whose additional mandate is further set in
Republic Act No. 9136, otherwise known as the “Electric Power
Industry Reform Act of 2001”;

Other Distribution Entities refers to entities that procure the
supply of power for the captive market, and own, operate or control
one or more distribution systems in the main grid and off-grid other
than Distribution Utilities such as but not limited to Qualified Third
Parties and those under Management Contracts;

Owner or Operator of Power Lines refers to Distribution Utilities,
Other Distribution Entities, and entities which have ownership or
responsibility for the operation and maintenance of Transmission
Lines, Sub-transmission Lines, and other Power Lines;

Philippine Coconut Authority (PCA) refers to the government
agency created by Presidential Decree No. 961, otherwise known as
the “Coconut Industry Code” as revised by Presidential Decree No.
1468 otherwise known as the “Revised Coconut Industry Code”;

Philippine Electrical Code refers to the set of rules which provide
for the safety in electrical installation and construction, and the use
of electricity mandated under Republic Act No. 7920, otherwise
known as the “New Electrical Engineering Law”;

Philippine National Police (PNP) refers to the government agency
created by Republic Act No. 6975, otherwise known as the
“Department of the Interior and Local Government Act of 1990” as
amended by Republic Act No. 8551, otherwise known as the
“Philippine National Police Reform and Reorganization Act of 1998"
and Republic Act No. 9708, otherwise known as “An Act Extending
for Five (5) Years the Reglementary Period for Complying with the
Minimum Educational Qualification for Appointment to the
Philippine National Police (PNP) and Adjusting the Promotion System


(v)

(w)

&)

)

(2

(aa)

‘Thereof, Amending for the Purpose Pertinent Provisions of Republic
‘Act No. 6975 and Republic Act No. 8551 and for Other Purposes”;

Professional Regulation Commission (PRC) refers to the
government agency created by Republic Act No. 8981, otherwise
known as the “PRC Modernization Act of 2000”;

Power Lines refer to Transmission Lines, Sub-transmission Lines,
Distribution Lines, including the poles and towers used to support
the lines, and other related facilities constructed or erected used for
the purpose of Conveyance of Electricity from the generating plants
to the premises of the End Users;

Power Line Disturbance refers to any Hazardous Activity or
Hazardous Improvement that threatens or endangers the continuous
and uninterrupted Conveyance of Electricity;

Sub-transmission Lines refer to the system of wires and associated
facilities used for the Conveyance of Electricity that are below the
transmission system voltages and based on the functional
assignment of assets including, but not limited to, step-down
transformers used solely by load customers, associated with a
switchyard/substation, control and protective equipment, reactive
compensation equipment, overhead lines, and the land where such
facilities/equipment are located. These include NPC assets linking
the transmission system and the distribution system, which are
neither classified as generation or transmission;

‘Tall Growing Plants refer to plants, vines, and other plant species,
which grow or have the potential to grow more than three (3) meters
in height from the ground; and

Transmission Lines refer to the high voltage backbone system of
interconnected transmission lines, substations, and related facilities.

Section 5. Power Line Corridor. - The land beneath, the air spaces
surrounding, and the area traversed by Power Lines including its horizontal,
vertical, and similar clearance requirements shall constitute the Power Line
Corridor. It shall be kept clear and free from any Power Line Disturbance,
Dangerous Structures, Hazardous Activities, or Hazardous Impediments in
accordance with the provisions of this Act.



The horizontal, vertical, and other similar clearance requirements that
constitute the Power Line Corridor shall be determined by the Board of
Electrical Engineering and approved by the Department of Energy, and shall
be in accordance with the Philippine Electrical Code.

In cases where the Power Line Corridor is wholly or partially located within a
private property not owned by the owner or operator of the Power Lines, it
shall constitute a legal easement upon the private property, in accordance
with the relevant provisions under Chapter 2 of the Civil Code. The owner of
the private property shall be compensated the proper Easement Fee
pursuant to the provisions of the Civil Code and other relevant laws, rules,
and regulations.

SECTION 6. Prohibited Acts. - It is hereby declared unlawful for any
person, whether natural or juridical, public or private, to:

(a) Plant or cause to be planted Tall Growing Plants of whatever kind or
variety within the Power Line Corridor;

(b) Construct or erect any Hazardous Improvements within the Power
Line Corridor;

(c) Conduct or perform any Hazardous Activities within the Power Line
Corridor;

(4) Prevent or refuse, without reasonable cause, duly authorized agents
of the owner or operator of Power Lines, entry to the property in the
performance of acts enumerated under Section 7 of this Act.
Provided, that such entry is in accordance with the provisions of
Section 8; and

(e) Perform other analogous acts or activities, which will impair the
Conveyance of Electricity and cause damage to Power Lines.

SECTION 7. Removal of Power Line Disturbance on Public Property or
on Property Owned by Owner or Operator of Power Lines. ~ In cases
where the Power Line Corridor is wholly or partially located within public
property or on property owned by the owner or operator of the Power Lines,
the owner or operator of Power Lines shall have the right to enter the said
property to prevent and remove any Power Line Disturbance, and in
particular, perform the following acts:



(a) To conduct maintenance and inspection activities within the Power
Line Corridor;

{b) To conduct repair or restoration activities within the Power Line
Corridor;

(c)_ To conduct trimming, pruning, cutting, or clearing activities for Tall
Growing Plants within the Power Line Corridor without securing
prior clearance or permit from, but with due notice to, the
Department of Environment and Natural Resources, Philippine
Coconut Authority, and Housing and Land Use Regulatory Board;

(d) To remove, dismantle, or demolish Hazardous Improvements in
accordance with Republic Act No. 6541, otherwise known as the
“National Building Code of the Philippines”: Provided, That such acts
may be carried out without prior clearance or permit from, but with
due notice to, the Department of Environment and Natural
Resources, Philippine Coconut Authority, and Housing and Land
Use Regulatory Board;

(ec) To stop, prevent, or prohibit the conduct of Hazardous Activities;
and

() Perform other analogous acts or activities, which will cause the
removal of Power Line Disturbance.

SECTION 8. Removal of Power Line Disturbance on Private Property. —
In cases where the Power Line Corridor is wholly or partially located within a
private property, the property owner shall have the primary duty and
responsibility to voluntarily prevent and remove Power Line Disturbances
and perform the acts enumerated under Section 7. In the performance of the
above acts, the property owner shall be entitled to necessary assistance
such as but not limited to education and information, and technical and
manpower support from the owner or operator of Power Lines.

In the event that the property owner failed to perform the duty and
responsibility under the preceding paragraph, the owner or operator of the
Power Lines shall have the right to access the Power Line Corridor in order
to undertake the acts enumerated under Section 7: Provided, That entry to
private property may only be effected after due notice, proper coordination,
and in the presence of the property owner or a duly authorized
representative: Provided however, That the foregoing shall no longer be



required to avert an imminent danger posed by a Power Line Disturbance in
accordance with Article 432 of the Civil Code.

SECTION 9. Assistance from Law Enforcement Officers. - In the
performance of the acts under Sections 7 and 8, the owner or operator of the
Power Lines may seek the assistance of local barangay officials and law
enforcement officers, such as but not limited to the Philippine National
Police or the Armed Forces of the Philippines to achieve the orderly removal
of any Power Line Disturbance.

SECTION 10. Resettlement. - Persons residing in Hazardous
Improvements shall be relocated in accordance with Republic Act No. 7279,
otherwise known as the “Urban Development and Housing Act of 1992” as
amended.

SECTION 11. Restrictions on the Issuance of Temporary Restraining
Orders or Writs of Injunctions. - No restraining order or writ of injunction
shall be issued by any court lower than the Court of Appeals, against the
owner or operator of Power Lines in the performance of acts under Section 7
and Section 8 of this Act.

SECTION 12. Permits. - Local building officials shall require contractors
who will be undertaking construction activities surrounding, adjacent, or
proximate to the Power Line Corridor to secure a clearance from the owner
or operator of the Power Lines prior to the issuance of a building permit.

SECTION 13. Penalties. - Without prejudice to civil damages which may be
recovered by the owner or operator of Power Lines, the following penalties
shall be imposed upon any person, both natural and juridical, found guilty
of committing any of the prohibited acts specified in Section 6 of this Act:

(a) First Offense - the penalty of arresto mayor or a fine of fifty thousand
pesos (PhP 50,000.00), or both, at the discretion of the court; and

(b) Second Offense - the penalty of prision correccional or a fine ranging
from one hundred thousand pesos (PhP 100,000.00), or both, at the
discretion of the court; and

(c) Third Offense - the penalty of prision mayor or a fine ranging from
two hundred thousand pesos (PhP 200,000.00), or both, at the
discretion of the court.



If the offenses are committed by or in conspiracy with an officer or employee
of the owner or operator of the Power Line, such officer or employee shall
suffer a penalty one (1) degree higher than the penalty provided herein, and
if applicable, shall suffer the penalty of dismissal. If the offenses are
committed in bad faith, the offender shall be liable for damages.

‘The local building official who issued a building permit in violation of
Section 12 of this Act shall be meted a penalty one (1) degree higher than
the penalty provided herein and shall forthwith suffer the penalty of
dismissal.

SECTION 14. Congressional Oversight. ~ The Joint Congressional Power
Commission shall exercise oversight powers over implementation of this Act.

SECTION 15. Implementing Rules and Regulations. ~ The Department of
Energy shall, in consultation with the National Electrification
Administration, National Power Corporation, Board of Electrical
Engineering, and clectric power industry stakeholders, issue the
implementing rules and regulations of this Act within sixty (60) days upon
its effectivity.

SECTION 16. Separability Clause. ~ Any portion or provision of this Act,
which may be declared unconstitutional or invalid shall not have the effect
of nullifying other portions or provisions hereof.

SECTION 17. Repealing Clauses. ~ The relevant provisions of Presidential
Decree No. 705, as amended, otherwise known as the “Revised Forestry
Code of the Philippines”, Republic Act No. 8048, as amended, otherwise
known as the “Coconut Preservation Act of 1995”, and Republic Act No.
7279, as amended, otherwise known as the “Urban Development and
Housing Act of 1992” are hereby amended. All other laws, ordinances,
rules, regulations and other issuance or parts thereof, which are
inconsistent with this Act, are hereby amended, modified, or repealed
accordingly.

SECTION 18. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general

circulation.

Approved,