Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ Congress
First Regular Session

H.No,__ 8234

Introduced by Representative Malapitan

EXPLANATORY NOTE

Recently, typhoon “Basyang” hit Metro Manila and other parts of Luzon.
Previously, in November 1970 super typhoon “Yoling” at 210 kph, hit Metro Manila and
caused panic to the public. On November 2-3, typhoon “Rosing” also hit Metro Manila
and many parts of the country, as well as typhoon “Reming” which hit Bicol Region in
2006 and typhoon “Cosme” that hit Zambales and Pangasinan and other parts of Luzon.

‘The above-named typhoons inflict great havoc to life and property, not to mention
the inconveniences caused by long electric power and communications stoppage

In all instances when strong typhoons hit any part of the country, it took franchise
holders about a month to fully restore electricity and communications. Added to this is
the fact that the spaghetti type aerial wires and cable connections contribute to the
ugliness of the places above which they are installed because they constitute an eyesore,
not only to the public, but also the visiting tourists.

In order to minimize, if not do way with the repetition of similar events that may
come in the future, and so that the public could be assured of their physical safety, the
accompanying measure proposes to require all franchise holders using wires and cables in
the operation of their business within the Philippines to place underground their
installations or wire connections, subject to the following conditions:

1. On the part of the franchise grantees who are already in operation prior to the
effectivity of the proposed law, they have to comply with it within a period of
five (5) years from its effectivity; and

2. On the part of those who shall operate just subsequent to the effectivity of the
proposed law, compliance therewith is required as soon as they start their
operations.

This author believes that it should be the paramount concern of the State in the
exercise of its police powers to protect the interests of the consuming public from whom
the franchise grantees directly derive huge profits by the millions of pesos. It is but
fitting that they take into account what would be best after the occurrence of calamities.

In some places in the world, cable and wiring systems of all kinds are placed
underground, some even have underwater connections. There is, therefore, no reason
why it would not be feasible to place wire connections under the ground, especially when
the materials are first-class in all respect, properly insulated, and special safeguards are
provided.


2s

Shall we wait for other typhoons to come before we finally decide to require
franchise grantees to place their wire connections underground? At times, earthquakes
aggravate the situation. Some utility firms, especially in the Metro Manila area, have
already placed their wire connections under the ground. This commendable job proves to
be worthy and more advantageous to them.

The attached bill, likewise, provides for a fine of Five thousand pesos (Php
5,000.00) per day, commencing from the first day immediately after the lapsed of five (5)
years within which to place wire connections underground, until the grantee has fully
complied with the same in the case of the franchise holders who are already in operation
prior to the effectivity of the proposed law, or from the date the violation is committed up
to the date of the full compliance with the proposed law by the franchise grantee who will
start operation after the effectivity of the same.

In view of the foregoing and in response to the persistent public outcry,
immediate approval of the attached measure is strongly recommended.

AAPITAN.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" Congress
First Regular Session

3234

H. No.

Introduced by Representative Malapitan

AN ACT
REQUIRING ALL FRANCHISE GRANTEES USING WIRES AND CABLES IN THE
OPERATION OF THEIR BUSINESS WITHIN THE PHILIPPINES TO PLACE THEIR
WIRE AND CABLE CONNECTIOINS UNDER THE GROUND, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF.

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

SECTION 1. Title. = This Act shall be known as the “Underground Wiring Act
of 2010.

SEC. 2. Declaration of Policy. - It is hereby declared to be the policy of the state
to protect and safeguard the interests of the public against the hazard posed by aerial wire
and cable installations of public utility firms especially during and after the occurrence of
natural calamities such as typhoons and earthquakes, and such other similar catastrophes.

SEC. 3. Purpose . - Within a period of five (5) years from and after the
effectivity of this Act, all franchise grantees engaged in the business of providing
telephone service and in supplying electric current to the public, or who are using wires
and cables in the operation of their business within the Philippines are hereby required to
place their wire and cable connections under the ground: Provided, however, That those
who shall commence the operation of the business referred to hereinabove, subsequent to
the effectivity of this Act shall comply with the provisions of this Act as soon as the
operation of the business is started.

‘The said franchise grantee shall use pipes and conduits which shall, be safe,
modern and first-class in all respect, and said wires shall be carefully and systematically
connected, fastened, and insulated to assure physical safety to the public. Whenever the
wires and conduits are placed or installed under the ground whose surface is paved with
concrete or asphalt, the franchise grantee shall, after the completion of the construction,
installation, connection, or repair, properly replaced, at his own expense without delay,
the destroyed pavement and such other property affected thereby, removing materials
which may have been placed there, taken up or dug up during the construction,
installation, connection, or repair of the underground pipes or conduits, leaving all
property in as good condition as before the work was started,

SEC. 4. Penalty. - Any franchise grantee who violates the provisions of this act
shall be punished by a fine of not less than five thousand pesos (Php 5,000.00) for each
day commencing:


“i

(a) From the first day immediately after the period of five years fixed under the
next preceding section has expired until he has fully complied with the
provisions of this Act in the case of a franchise grantee already in operation
of his business prior to the effectivity of this Act; and

(b) From the date such a violation is committed up to and including the date of
his full compliance with this Act in the case of a franchise grantee who will
start the operation of the business subsequent to the effectivity of this Act.

SEC. 5. Repealing Clause. - All laws, decrees, orders, rules and regulations,
other issuances or parts thereof inconsistent with the provisions of this act are hereby
repealed, amended, or modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,