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| RECEIVED
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Republic of the Phil j weg CY
epublic of the Philippines =
HOUSE OF REPRESENTATIVES = BY:_['f} ie

CONGRESS OF THE PHILIPPINES }

Quezon City, Metro Manila REGISTRATION UNIT

SIXTEENTH CONGRESS
First Regular Session

1224

House Bill No.

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

Electricity is the lifeblood of every nation’s economy and any disruption
thereof would cause tremendous loss of revenue and render adverse effects to the
nation’s economy.

It is the policy of the state to insure the success of its electrification program
and to attain a reliable and quality power through an efficient power delivery
program.

A successful and efficient power delivery program could be readily achieved
through clean and safe power lines free from any obstructions of whatever kind.

The incidents of power outages are mostly due to obstructions of power lines
consisting of high growing trees and other hazardous structures or improvements
constructed below or near the power transmission lines which, not only hamper the
smooth delivery of power, but are likely to endanger the lives of people in the
community particularly during bad weather.

Frequent power interruptions caused by obstructions on power lines may
trigger a cascading effects of outages on the whole power system resulting in wide
scale power interruptions bringing negative impact on the nation’s economy and the
loss of millions of revenue. Power interruptions has adversely affected the
government's efforts towards attaining sustainable economic development and has
undermined the people's faith in the government and the latter's ability to pursue its
economic development programs.

The recurrence of obstructions yearly along our power transmission lines is
exacting tremendous amount on the government coffers in terms of payments of
damages caused on improvements during Clearing Operations of power
transmission lines, which amount is substantial enough to construct additional
transmission line projects.

HOUSE \F REPRESENTATIVES

BILLS AND INDEX SERVICE



The Congress in the exercise of its police power and the need to rationalize
and harmonize the national economic development with the environment, find
compelling reasons to regulate the introduction of plants and prohibit the introduction
of hazardous structures within the Right of Way limit of our power transmission lines
to ensure the smooth and efficient delivery of power to the nation

In view thereof, early consideration and approval of this bill is earnestly
sought.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1224

Introduced by Honorable REYNALDO V. UMALI

AN ACT REGULATING THE PLANTING OF HIGH-GROWING SPECIES OF
PLANTS AND PROHIBITING THE CONSTRUCTION OF ANY STRUCTURE
BELOW OR WITHIN THE RIGHT OF WAY LIMIT OF ALL POWER
TRANSMISSION LINES AND PROVIDING PENALTIES IN VIOLATION THEREOF
OTHERWISE KNOWN AS ANTI-POWER LINE DISTURBANCE ACT

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

SECTION 1. Declaration of Policy. — \t is hereby declared the policy of the State to
foster and ensure not only obedience to its authority, but also to adopt such
measures as 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, to ensure the
efficient supply of electricity and to prevent the occurrence of unnecessary power
outages at all times.

SECTION 2. Definition of Terms:

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 outages at all times;

b. Hazardous Improvements — refers to high-growing trees, constructions of
whatever kind, buildings whether temporary or permanent in character and for
whatever purposes;

c. Power Transmis:

in Lines — refers to 69, 115, 138, 230 and 500 KV lines.

SECTION 3. Short Title. —- This Act shall be referred to as the “Anti Power Line
Disturbance Act of 2014”.

SECTION 4. This Act shall cover all power transmission lines of the National
Transmission Corporation (TransCo) and/or its successor-in-interest, Distribution
Utilities and Electric Cooperatives.


SECTION 5. Illegal improvements - It is hereby declared unlawful for any person,
whether natural or juridical, public or private, to:

a. Plant or caused 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;

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;

SECTION 6. Right of Way Clearance of Transmission Lines.

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 lie 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.

SECTION 7. Immediate Removal of Line Obstructions.

a. TransCo and/or its successor-in-interest, Distribution Utilities and Electric
Cooperatives shall have the authority to immediately cut, prune and/or
remove any hazardous improvements that are found within the Right of Way
Clearance of any Power Transmission Lines without need of prior permission
from the owner.

b. Branches of high-growing trees although not within the Right of Way
Clearance of Power Transmission Lines but which are likely to disrupt the
smooth operation of a nearby Power Transmission Lines shall likewise be
trimmed or removed.

c. Without prejudice to the institution of criminal actions, persons found 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.

SECTION 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 the National Transmission Corporation and/or its successor-in-
interest 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
Injunction or Restraining Order, such Injunction or Restraining Order shall be
effectively 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.

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

First Offense — the penalty of arresto menor or a fine of P20,000.00 or both,
at the discretion of the court;

Second Offense — the penalty of arresto mayor or a fine of P50,000.00 or
both, at the discretion of the court

Penalties for Connivance. If the introduction of improvements within the
Right of Way Clearance of Power Transmission Lines is committed by or in
connivance with an officer or employee of TransCo, such officer or employee
shall, upon conviction, be punished with a penalty one (1) degree higher that
the penalty provided herein, and forthwith de dismissed and perpetually
disqualified from employment in the government service.

SECTION 10. Information Dissemination. — The Department of Energy and the
National Transmission Corporation shall undertake a vigorous campaign to
inform the general public of the provisions of this Act within sixty (60) days from
its effectivity

SECTION 11, 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 12. Repealing Clauses. — All other laws, ordinances, rules,
regulations, and other issuances or parts thereof, which are inconsistent with this
Act, are hereby repealed or modified accordingly

SECTION 13. Effectivity Clause. — This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in two (2) national newspapers of
general circulation

Approved.