NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENA 
S. B. No.
^ Senate
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Tt OCT 19 AIO 26
I§ 98
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Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
MANDATING THE PROPER INSTALLATION AND MAINTENANCE OF 
OVERHEAD ELECTRIC SUPPLY, COMMUNICATION LINES, AND 
STRUCTURE BY ALL ELECTRIC, CABLE AND TELECOMMUNICATIONS 
COMPANIES FOR PURPOSES OF PUBLIC SAFETY AND GOOD 
HOUSEKEEPING
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
EXPLANATORY NOTE
Article XII Section 6 of the 1987 Constitution provides that "the use of property 
bears a social function and all economic agents shall contribute to the common good. 
Individual and private groups, including corporations, cooperatives, and similar 
collective organizations shall have the right to own, establish and operate economic 
enterprises, subject to the duty of the State to promote distributive justice and to 
intervene when the common good so demands."
The proposed measure seeks to mandate all electric, cable and 
telecommunications companies to conduct periodic inspections of their 
respective utility line installations to ensure strict compliance with the standards 
and regulations provided under the Philippine Electrical Code.


The Philippine Electrical Code has been approved and adopted by the Board 
of Electrical Engineering of the Professional Regulation Commission by virtue of 
its mandate under Republic Act No. 7920, also known as the "New Electrical 
Engineering Law. " The Philippine Electrical Code serves as the basis in the installation 
of electrical system designs in the country.
Electric, cable and telecommunications companies already existing in the 
country such as MERALCO, PLDT, Bayantel, Skycable, observe and use the 
provisions of the Philippine Electrical Code in the installation of their utility lines. 
For instance, overhead power lines have strict guidelines for height clearances 
over streets, sidewalks, alleys, roads and driveways for the safety of the public. 
However, through the passage of time, in the absence of regular inspection and 
monitoring, the sagging of these wires and cables may happen which endangers the 
lives of people. It is for this reason that this measure is proposed to mandate all electric, 
cable and telecommunications companies to conduct periodic inspections of their 
respective utility line installation and for the government agencies exercising 
jurisdiction over these installations to monitor the height clearance requirements for the 
safety of the public. This bill was already approved on third reading and transmitted 
to the Senate during the 18th Congress.
In view of the foregoing, approval of this bill is earnestly recommended.
RANG
TOL" N. TOLENTINO


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NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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Innate
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*ae QCT19 AO 26
SENATE 
S. B. No. 133 8
REVIVED BY;
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
MANDATING THE PROPER INSTALLATION AND MAINTENANCE OF 
OVERHEAD ELECTRIC SUPPLY, COMMUNICATION LINES, AND 
STRUCTURE BY ALL ELECTRIC, CABLE AND TELECOMMUNICATIONS 
COMPANIES FOR PURPOSES OF PUBLIC SAFETY AND GOOD HOUSEKEEPING
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 known as the "Proper Installation 
and Maintenance of Overhead Electric Supply and Communication Lines Act".
SEC. 2. Declaration of Policy. - It is hereby declared the policy of 
the State to ensure the safety and protection of life and property, uphold the 
general welfare; and promote good housekeeping and implement sound 
maintenance of utility poles, lines, cables, equipment and accessories in the 
conduct and delivery of services by electric, cable and telecommunications 
companies to their clients.
SEC. 3. Responsibility of Electric, Cable and Telecommunications 
Companies. - It shall be the responsibility of electric, cable and telecommunications 
companies to safeguard life and property in the conduct and delivery of services to 
their clients.
They shall ensure public safety and prepare contingencies for calamities 
or any unforeseen event that may cause harm, expose a person to peril and


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cause damage to property, by undertaking necessary precautionary 
measures to prevent the same. Electric, cable and telecommunications companies 
shall maintain good housekeeping and implement sound maintenance programs in all their 
service areas. Toward this end, all electric, cable and telecommunications companies 
shall perform the following:
(a) 
Conduct periodic inspection of overhead electric supply and 
communication lines, in compliance with the standard clearance under the 
Philippine Electrical Code Part 2 (PEC 2) and as provided in this Act or 
the implementing rules and regulations;
(b) 
Fix and bundle-up of dangling overhead secondary and communication lines;
(c) 
Remove unused overhead electric and communication lines;
(d) 
Replace all unused, misplaced, damaged and rotten utility poles; and
(e) 
Strictly adhere to and ensure strict compliance with the standards 
and regulations provided under the Philippine Electrical Code, as approved 
and adopted by the Board of Electrical Engineering of the 
Professional Regulation Commission pursuant to the mandate vested upon 
the Board under Republic Act No. 7920, otherwise known as the 
"New Electrical Engineering Law".
SEC. 4. Joint Use of Structure, - The joint use of structure shall be 
considered for circuits along highways, roads, streets, and alleys. The choice 
between joint use of structures and separate lines shall be determined 
through collaborative consideration of all the factors involved, including, but not 
limited to, the character of circuits, the total number and weight of 
conductors, tree conditions, number and location of branches and service drops, 
structure conflicts, and availability of right-of-way and other factors as may be 
provided in the implementing rules and regulations. Where such joint use is


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mutually agreed upon, it shall be subject to the appropriate grade of construction 
specified in Article 3.5 of PEC 2.
SEC. 5. Responsibility of the Local Government Units (LGUs). - All
cities and municipalities shall, through their respective city or municipal engineers or 
the Department of Public Works and Highways (DPWH) in the case of national 
roads, ensure that every utility company, within their territorial jurisdiction, comply with 
the provisions of Section 3 of this Act. The Sangguniang Panlungsod or Sangguniang Bayan 
concerned shall, under the Local Government Code, issue an ordinance governing the 
overhead installation of electric wires, cables and utility poles, in accordance with the 
Electrical Code, National Building Code and RAI 1361 or The Anti-Obstruction Of Power 
Lines Act and in consultation with the agencies concerned.
The city or municipal engineer, or the authorized representative of such 
city or municipality may, in addition to the authority to withhold the grant or 
renewal of licenses or business permits, file a complaint against the electric, cable 
or telecommunications company, which fails to conduct periodic inspection of 
its respective utility line installations or to fix or bundle up its utility lines or 
remove all old and unused lines in violation of the regulations and standards 
provided under PEC 2 before a court of competent jurisdiction. An administrative 
complaint may likewise be filed by any person against the city or municipal 
engineer who fails to monitor the compliance of electric, cable and 
telecommunications companies with the standards and regulations provided under 
the PEC 2.
Once it has been notified of a possible violation, the city or 
municipality, or the DPWH in the case of national roads, shall send notice to the erring 
company to allow it to rectify its error within a reasonable time or to explain its 
reasons for failure to comply with the standards set forth in Republic Act No. 7920 
and its implementing rules and regulations. In case the erring company fails to 
rectify its error or continue with their non-compliance without justifiable cause, the 
city or municipal engineer, or the DPWH in the case of national roads, shall 
conduct an investigation of the matter, upon due notice to the erring company.


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A finding of fault by the authorized person conducting the investigation shall 
result in the withholding of the renewal of the corresponding business 
licenses or permits for erring electric, cable and telecommunications companies.
The public utilities shall notify the LGU concerned on violations on the issuance 
of building permits for non-compliance with the rules and the standards on 
setbacks and clearances under the Philippine Electrical Code the National Building 
Code, and the "Anti-Obstruction of Power Lines Act" or Republic Act No. 11361, as 
provided in this Act.
SEC. 6. Installation of Overhead Electric Lines, Cables and 
Utility Poles and Standard Requirements. - All installation of overhead 
electric lines, cables and utility poles shall be inspected by the city or 
municipal engineer, or the DPWH, whichever is applicable. Installation of 
overhead electric lines, cables and utility poles shall conform with the provision 
of PEC 2, Philippine Distribution Code (PDC), Distribution Services and Open 
Access Rules (DSOAR), National Building Code (NBC), and other existing 
applicable local and international standards, compliance to which shall be ensured 
by the Inter-Agency Committee. The specific location shall be inspected by 
the engineering officials prior to, during and after the installation.
In cases where the ideal location of pole installation is unavailable, the 
city or municipal government, or the DPWH, whichever is applicable, shall 
assist the pole owner in identifying and securing the right-of-way (ROW) for 
alternative pole locations, at no cost to the government.
Pending the promulgation of standards by the Inter-agency Committee under 
Section 9 of this Act or a uniform set of requirements by the barangay, 
city or municipal government unit on the overhead installation and 
maintenance of electric lines, cables, utility poles, equipment and accessories, 
the city or municipal government shall assist the facilities owner on issues 
concerning the same.


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SEC. 7. Creation of a Monitoring and Service Team. - A Monitoring 
and Service Team, led by the city or municipal engineer and composed of 
representatives from the pole owners and the electric, cable and 
telecommunications companies, shall, in coordination with the barangay, city or 
municipal-engineer or the DPWH, whichever is applicable, be created to perform 
the immediate and necessary clean-up operation and maintenance of overhead 
electric lines, cables, utility poles, equipment and accessories in compliance with 
the provisions of this Act. The clean-up operation shall commence within six 
(6) months from the promulgation of the Implementing Rules and Regulations 
(IRR)pursuant to Section 13 of this Act.
SEC. 8. Role of the Monitoring and Service Team. -The Monitoring and 
Service Teams of electric, cable and telecommunications companies shall conduct 
a semi-annual inspection to check compliance with Section 3 of this Act and the 
maintenance of their electric lines, cables, utility poles, equipment and 
accessories installed in a particular area for the efficient delivery of their services. 
Maintenance shall include, among others, proper bundling, casing and replacement 
of damaged electric lines and cables, and repair and replacement of utility poles, 
equipment and accessories, and retirement of unused electrical wires, cables and utility 
poles.
Electric, cable and telecommunications companies shall be given a 
reasonable period of time to relocate and realign displaced lines, cables, utility 
poles, equipment and accessories as a result of a public infrastructure work. The 
implementing agency of a construction project shall inform and coordinate with the public 
utility company concerned for the relocation of its lines, cables, utility poles, 
equipment and accessories. The cost of relocating such lines, cables, utility 
poles, equipment and accessories shall be shouldered by the implementing 
agency of the construction project. The implementing agency shall provide its plans, 
specifications and provide utility corridors for the adequate evaluation of the design, 
construction, operation, and maintenance of facilities. All costs that shall be incurred 
in the necessary relocation of facilities of the public utilities concerned as a result 
of such public infrastructure work under the Public-Private Partnership (PPP) Project, Build-


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Build-Build Program, or any other similar program of the government shall be borne by
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the implementing agency or project proponent as part of its obligation to deliver
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the right-of-way, or by the private concessionaire, as the case may be.
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A real-time inspection and monitoring shall be done in cases of emergencies and 
calamities.
SEC. 9. Inter-Agency Committee. - An Inter-Agency Committee to be 
chaired by the ERC and composed of authorized representatives from the DPWH, 
Department of the Interior and Local Government (DILG), Department 
of Information and Communications Technology (DICT), National 
Telecommunications Company (NTC), National Transmission Corporation 
(TransCo), National Electrification Administration (NEA), and representatives from 
the LG Us, is hereby created to set the prescribed standards in the 
overhead installation of lines, cables, utility poles, equipment and 
accessories, monitor the same and conduct periodic inspection thereof to 
ensure compliance thereto and shall jointly plan for the conduct of clean-up drives, 
identify issues, prioritize key areas, recommend best practices or way forward, to 
ensure compliance of the latter with existing applicable laws, rules and regulations 
of relevant agencies/ offices of the government, such as the PEC, the PDC, and 
the NBC.
The inter-agency committee may invite resource persons, if deemed 
necessary, from Professional Regulatory Board of Electrical Engineering 
(PRBEE), PRC-Board of Electronics and Communications Engineering (PRC- 
BECE), the Institute of Integrated Electrical Engineers of the Philippines 
(IIEE) and two (2) representatives from the private sector.
SEC. 10. Pena! Provisions. - Unless otherwise provided under special 
laws, an electric, cable or telecommunications company found in violation 
of any provision of this Act, in addition to the civil liabilities prescribed by 
Article 2176 of the Civil Code on quasi-delict and the penalties prescribed by 
Article 365 of the Revised Pena! Code on criminal negligence, shall be punished


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with a fine of not less than Two hundred fifty thousand pesos (P250,000.00) 
but not more than Five hundred thousand pesos (PSOO,000.00) for 
the first offense; a fine of not less than Five hundred thousand pesos 
(PSOO,000.00) but not more than One million pesos (PI,000,000.00) for the 
second offense; and a fine of not less than One million 
pesos
(Pl,000,000.00) but not more than Two million pesos (P2,000,000.00) for 
the third and succeeding offenses, as may be determined by the court.
SEC. 11. Joint Congressional Oversight Committee (JCOC). - There is 
hereby created a Joint Congressional Oversight Committee to monitor the effective 
implementation of this Act, recommend the necessary remedial or administrative 
measures and perform such other duties and functions as may be necessary to attain 
the objectives of this Act.
The oversight committee shall be composed of ten (10) members, with the 
Chairpersons of the Committees on Energy of both Houses of Congress as Co- 
Chairpersons. The Chairpersons of the House Committee on Information and 
Communications Technology and Senate Committee on Public Services shall be the 
Co-Vice Chairpersons. An additional three (3) members from each House, shall be 
designated by the Senate President and the Speaker of the House of Representatives, 
respectively. Provided, That at least one (1) member from each House shall be nominated 
by their respective Minority Leaders. The secretariat of the JCOC shall be the 
existing secretariat personnel of the concerned Committees of both Houses of 
Congress.
SEC. 12. Implementing Rules and Regulations. - The ERC shall, in 
consultation with the DPWH, DILG, DICT, NTC, TRANSCO, PRBEE, PRC-BECE, NEA, 
IIEE and representatives from the LCDs, the electric cable and telecommunications 
companies, promulgate the necessary Implementing Rules and Regulations (IRR) within 
one hundred twenty (120) days from the effectivity of this Act.


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SEC. 13. Separability Clause. - If, for any reason, any provision of 
this Act is declared unconstitutional or invalid, the other provisions hereof, which are 
not affected thereby shall continue to be in full force and effect.
SEC. 14. Repealing Clause. - All laws, decrees, orders, rules and 
regulations or parts thereof, which are inconsistent with or contrary to the 
provisions of this Act, are hereby repealed, amended or modified accordingly.
SEC. 15. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,