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Republic of the Philippines 04 FEB 2016
HOUSE OF REPRESENTATIVES Kon Bi 0
Quezon City, Metro Manila %

Sixteenth Congress
Third Regular Sessicn

House BiLLNo.___ 6450

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Introduced by Representatives Reynaldo V. Umali, Edgardo R. Masongsong, Rufus
B. Rodriguez and Wilfredo S. Caminero

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 ensure the success of its
electrification program and to attain 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- and fast-growing trees and other structures constructed under or
near the power transmission lines. Frequent power interruptions caused by
obstructions to power lines may trigger cascading 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 have
adversely affected the government's efforts towards attaining sustainable economic
development and have undermined the people's faith in the government and the
latter's ability to pursue its economic development programs.

High- and fast-growing trees and other hazardous improvements found within
the right-of-way (ROW) clearance of power transmission Lines, whether intentionally
introduced by the landowners or otherwise, have been tagged as the major causes
of power interruptions in all parts of the country 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.

The recurrence of obstructions yearly along the 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

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 prohibit the introduction of plants and structures within the ROW limit of
power transmission lines to ensure smooth and efficient delivery of power to the
nation.

/9 view thereof, the passage of this measure is earnestly urged.

heaRoo R. MASONGSONG
is



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

Sixteenth Congress
Third Regular Session

HOUSE BILL NO. 6450

Introduced by Representatives Reynaldo V. Umali, Edgardo R. Masongsong, Rufus
B, Rodriguez and Wilfredo S. Caminero
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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 alll 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;

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


SEC, 6. Illegal 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 withir. 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. 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

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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
withsevident 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:

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

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

+ Third Offense - The penalty of prision correccional 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
NGGP 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,

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