HOUSE WF REPRESENTATIVES

RECEIVED
Republic of the Philippines pate: QS JUL 208
HOUSE OF REPRESENTATIVES awe G
Quezon City, Metro Manila :
BY: 4
| J
REGISTRATION UNIT

SEVENTEENTH CONGRESS

i SERVICE
First Regular Session \ BILLS AND INDEX

House Bill No,_1223

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

Electricity is the lifeblood of every nation’s economy and anydisruption thereof
would cause tremendous loss of revenue and render adverseeffects to the nation’s
economy.|t is the policy of the state to ensure the success of itselectrification
program and to attain reliable and quality power through anefficient power delivery
program. A successful and efficient power delivery program could bereadily
achieved through clean and safe power lines free from any obstructions ofwhatever
kind,

The incidents of power outages are mostly due to obstructionsof power lines
consisting of high- and fast-growing trees and other structuresconstructed under or
near the power transmission lines, Frequent power interruptions caused by
obstructions to powerlines may trigger cascading outages on the whole power
system resulting in widescale power interruptions bringing negative impact on the
nation's economy andthe loss of millions of revenue. Power interruptions have
adversely affected thegovernment's efforts towards attaining sustainable economic
development andhave undermined the people’s faith in the government and the
latter's ability topursue its economic development programs.

High- and fast-growing trees and other hazardousimprovements found within
the right-of-way (ROW) clearance of powertransmission Lines, whether intentionally
introduced by the landowners orotherwise, have been tagged as the major causes of
power interruptions in all partsof the country which, not only hamper the smooth
delivery of power, but arelikely to endanger the lives of people in the community,
particularly during badweather.

The recurrence of obstructions yearly along the powertransmission lines is
exacting tremendous amount on the government coffers interms of payments of
damages caused on improvements during ClearingOperations of power transmission


lines, which amount is substantial enough toconstruct additional transmission line
projects.

Congress in the exercise of its police power and the need torationalize and
harmonize the national economic development with theenvironment, find compelling
reasons to prohibit the introduction of plants andstructures within the ROW limit of
power transmission lines to ensure smooth andefficient delivery of power to the
nation

In view thereof, the passage of this measure is earnestly urged

IALDO V. UMALI
Representative
Second District, Province of Oriental Mindoro



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 1223

Introduced by Honorable REYNALDO V. UMALI

AN ACT
PROHIBITING THE PLANTING OF PLANTS AND TREES, AND THE
CONSTRUCTION OF ANY STRUCTURE UNDER OR WITHIN THE RIGHT-OF-
WAY CLEARANCE OF ALL POWER TRANSMISSION LINES AND PROVIDING
PENALTIES FOR VIOLATION 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 "Anti-Power Line
Disturbance Act.”

SEC. 2.Declaration of Policy.- It is hereby declared the policy of the State to foster
and ensure not only obedience to its authority, but also to adopt such measures that
would effectively promote the general welfare which are essential for the enjoyment
by all the people of the blessings of democracy in a just and humane society; to free
the power lines of any obstructions of whatever kind; and to ensure the efficient
supply of electricity and to prevent the occurrence of unnecessary power outages at
all times.

SEC. 3.Scope. -This Act shall cover all power transmission lines of the National
Transmission Corporation (Transco), the National Grid Corporation of the Philippines
(NGCP) and/or their successors-in-interest, Distribution Utilities and Electric
Cooperatives.

SEC. 4.Definition of Terms. - As used in this Act, the following terms are defined
herein:

a) High-growing trees refers to trees, plants, palms, vines and other plant
species whose height goes above three (3) meters from the ground so that their
branches and leaves at their maturity tend to touch the conductor wires of power
transmission lines;


b) Hazardous Improvements refers to high-growing trees, constructions of
whatever kind, such as buildings whether temporary or permanent in character and
for whatever purpose;

©) Power Transmission Lines refers to power lines that transmit electric
power, whether 69, 115, 138, 230 and 500 KV lines.

SEC. 5.lllegal Improvements.- It is hereby declared unlawful for any person,
whether natural or juridical, public or private, to:

(a) Plant or cause to be planted high-growing trees that grows above three
(3) meters height from the surface of the ground within the Right of Way limit of
power transmission lines of the National Transmission Corporation, Private Electric
Utilities or Rural Electric Cooperatives; and

(b) Construct building, structure of whatever kind whether it be of permanent
‘or temporary in character under or within the Right of Way Clearance of Power
Transmission Lines of the National Transmission Corporation and Distribution
Utilities or Electric Cooperatives.

SEC. 6.ROW Clearance of Transmission Lines.- The standard ROW Clearance of
power transmission lines shall be as follows:

a) For 69 KV Lines, Single Circuit Wood Pole — 15 Meters or 7.5 Meters
measured from the center of the line to both sides;

b) For 69 KV Lines, Double Circuit Wood Pole - 20 Meters measured at
10.0 Meters from the center of the line to both sides;

c) For 115 KV Lines, Single and Double Circuit Steel Tower — 30 Meters
measured at 15 Meters from the center of the line to both sides;

d) For 138 KV Lines, Single Circuit Wood Pole - 30 Meters measured at 15
Meters from the center of the line to both sides,

e) For 138 KV Lines, Single Circuit Steel Tower — 35 Meters measured at 17.5
Meters from the center of the line to both sides;

f) For 138 KV Lines, Double Circuit Steel Tower — 40 Meters measured at 20
Meters from the center of the line to both sides;

g) For 230 KV Lines, Single Circuit Steel Pole - 35 Meters measured at 17.5
Meters from the center of the line to both sides;

h) For 230 KV Lines, Double Circuit Steel Tower - 40 Meters measured at 20
Meters from the center of the line to both sides;

i) For 350 Bipolar — 50 Meters measured at 25 Meters from the center of the
line to both sides;

j) For 500 KV Lines, Single Circuit Steel Tower — 60 Meters measured at 30
Meters from the center of the line to both sides;

k) For 500 KV Lines, Double Circuit Steel Tower — 65 Meters measured at
32.5 Meters from the center of the line to both sides.

SEC. 7.Immediate Removal of Line Obstructions.- Transco, NGCP, Distribution
Utilities and Electric Cooperatives shall have the authority to immediately cut, prune
or remove any hazardous improvements that are found within the ROW Clearance of
any Power Transmission Lines without the need of prior permission from the owner,
Branches of high-growing trees although not within the Right of Way Clearance of

4


Power Transmission Lines but which are likely to disrupt the smooth operation of a
nearby Power Transmission Lines shall likewise be trimmed or removed. Without
prejudice to the institution of criminal actions, persons found in evident bad faith or
who refuse on their part the removal of line obstructions found within the Right of
Way Clearance of the Power Transmission Lines shall be liable for damages and the
hazardous improvements shall be removed at his expense.

SEC. 8. Restrictions on the Issuance of Restraining Orders or Writs of
Injunctions, - No Writ of Injunction or Restraining Order shall be used by any Court
against Transco and NGCP, exercising the right and authority to clear the power
transmission lines of high-growing trees and other hazardous improvements as
provided in this act, unless there is prima facie evidence that the clearing was made
with evident bad faith or grave abuse of authority. If, notwithstanding the provisions
of this section, a Court issues an Injunction or Restraining Order, such Injunction or
Restraining Order shall be effective only upon the filing of a Bond with the Court:
Provided, however, That such Injunction or Restraining Order shall automatically be
refused or, if granted, shall be dissolved upon the filing of a Counter-bond similar in
form and amount as that above required: Provided, finally, That whenever such
Injunction is granted, the Court issuing it shall, within ten (10) days from its issuance,
submit a report to the Supreme Court setting forth in detail the grounds or reasons
for its order.

SEC, 9.Penalties.- The following penalties shall be imposed on any person found
guilty of intentionally and deliberately introducing hazardous improvements within the
ROW clearance of power transmission lines, thus:

° First Offense — the penalty of arestomenor or a fine of Php20,000.00 or
both, at the discretion of the court;

. Second Offense - the penalty of aresto mayor or a fine of P 50,000 or
both, at the discretion of the court; and

a Third Offense - The penalty of prisioncorreccional or a fine ranging
from P100,000.00 or both, at the discretion of the court.

SEC. 10.Penalties for Connivance. - If the introduction of Improvements within the
ROW Clearance of Power Transmission Lines is committed by or in connivance with
an officer or employee of Transco and/or NGCP, such officer or employee shall,
upon conviction, be punished with a penalty one (1) degree higher than the penalty
provided herein, and forthwith be dismissed and perpetually disqualified from
employment and from government service, where applicable.

SEC.11.Information Dissemination. -The Department of Energy, Transco and
NGCP shall undertake a vigorous campaign to inform the general public on the
provisions of this Act within sixty (60) days from its effectivity.

SEC. 12.Separability Clause. -If for any reason, any section or provision of this Act
shall be declared unconstitutional, illegal, or invalid,such parts not affected thereby
shall remain in full force and effect.


SEC. 13.Repealing Clause.- All laws, decrees, executive orders, proclamations,
administrative regulations, ordinances, rules, regulations and other issuance or parts
thereof, inconsistent herewith, are hereby repealed or modified accordingly.

SEC. 14.Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,