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

EIGHTEENTH CONGRESS

First Regular Session
4056

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

EXPLANATORY NOTE

Presidential Decree (PD) No. 269, as amended, authorizes electric cooperatives (ECs) to
construct, maintain and operate electric transmission and distribution lines along, upon, under,
and across publicly owned lands and public thoroughfares, including all roads, highways, streets,
alleys, bridges and causeways. Prior to 2013, this authority granted to ECs was limited by the
proviso that such electric transmission and distribution lines must not prevent or unduly impair
the primary public uses to which publicly owned lands and public thoroughfares are devoted to.

On 7 May 2013, Republic Act (RA) No. 10531, further amending PD No. 269, was signed into
law. Among the amendments introduced by the new statute was the deletion of the above proviso
and, in its place, the addition of a new provision, which states that ECs shall be compensated in
the event that the government shall now need and make use of the publicly owned lands and
public thoroughfares occupied by EC facilities.

The use of publicly owned lands and public thoroughfares free of charge for their
subtransmission and distribution facilities is a privilege granted to ECs by law. Moreover, until
RA No. 10531, ECs were obliged to ensure that, in their use of this privilege, their facilities must
not impair the public use of these lands and thoroughfares. Congress erred in withdrawing this
obligation and allowing ECs to be “compensated” even after having enjoyed the free use of
publicly owned lands and public thoroughfares. Moreover and more importantly, the grant of this
right to compensation” has spawned a troubling mindset among the management of ECs. ECs
now insist that they be compensated first before relocating their facilities, even when these now
pose a grave danger to the public. Thus, we have, all over the country, the comical but extremely
worrying sight of electric posts occupying significant portions of roads and, sometimes, electric
posts standing right smack in the middle of roads. Apparently, ECs now care more about being
compensated first than road safety and the safety of the public.

ECs know that lands and thoroughfares they have been using free of charge would sooner or later
be utilized for public use and, being fully aware of this, they have surely fully prepared for this
eventuality. Accordingly, ECs do not need to be compensated for the relocation of their facilities.
ECs should remove and relocate their facilities at their own expense and, if needed, repair and
restore the lands and thoroughfares that they occupied. The amendment to PD No. 269 proposed
by this measure will mandate ECs to do so.

In view of the foregoing, the support of the Members of Congress for the prompt and timely

passage of this measure is earnestly sought.
ue i ae ee

XAVIER JESUS D. ROMUALDO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 4056

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

AN ACT
FURTHER AMENDING SECTION 16 OF PRESIDENTIAL DECREE NO. 269, AS
AMENDED, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Section 16 of Presidential Decree No. 269, as amended, is hereby further amended

to read as follows:

10

11

12

13

14

15

16

17

18

19

“Section 16. Powers. A cooperative is hereby vested with all powers necessary or
convenient for the accomplishment of its corporate purpose and capable of being
delegated by the President or the CONGRESS [National—Assembly] when it
comes into existence; and no enumeration of particular powers hereby granted
shall be construed to impair any general grant of power herein contained, nor to
limit any such grant to a power or powers of the same class as those so
enumerated. Such powers shall include but not be limited to, the power:
gas lee,

@) To INSTALL [eonstruct,—aequire—own,—operate,] and maintain electric
subtransmission and distribution lines along, upon, under, and across publicly
owned lands and public thoroughfares, including, without limitation, all roads,
highways, streets, LANES, alleys, AVENUES, SIDEWALKS, bridges and
causeways, AND ROAD RIGHT-OF-WAYS, WITH THE PRIOR APPROVAL
OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH),
LOCAL GOVERNMENT UNIT (LGU), OR OTHER GOVERNMENT
AGENCY CONCERNED; PROVIDED, THAT IN the event of the need of such

lands and thoroughfares for the primary purpose of the government, the electric


10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

27

cooperative shall IMMEDIATELY REMOVE AND RELOCATE SUCH LINES
AT ITS OWN EXPENSE; PROVIDED, FURTHER, THAT ANY PUBLICLY
OWNED LAND OR PUBLIC THOROUGHFARE, INCLUDING ROADS,
HIGHWAYS, STREETS, LANES, ALLEYS, AVENUES, SIDEWALKS,
BRIDGES AND CAUSEWAYS, AND ROAD RIGHT-OF-WAYS,
DISTURBED, ALTERED, OR CHANGED BY REASON OF THE
INSTALLATION AND OPERATION OR THE RELOCATION AND
REMOVAL OF ELECTRIC SUBTRANSMISSION AND DISTRIBUTION
LINES, SHALL BE RESTORED AND REPAIRED IN WORKMANLIKE
MANNER BY THE ELECTRIC COOPERATIVE; PROVIDED, FURTHER,
THAT SHOULD THE ELECTRIC COOPERATIVE, AFTER DUE NOTICE
FROM THE DPWH, LGU, OR OTHER GOVERNMENT AGENCY
CONCERNED, FAIL, REFUSE, OR NEGLECT TO REMOVE AND
RELOCATE ITS LINES OR RESTORE OR REPAIR SUCH PUBLICLY
OWNED LAND OR PUBLIC THOROUGHFARE, THE DPWH, LGU, OR
OTHER GOVERNMENT AGENCY CONCERNED SHALL HAVE THE
RIGHT TO HAVE SUCH LINES REMOVED AND HAVE SUCH LAND OR
THOROUGHFARE RESTORED OR REPAIRED IN GOOD ORDER AND
CONDITION AND CHARGE THE ELECTRIC COOPERATIVE THE
AMOUNT OF THE COSTS AND EXPENSES FOR SUCH REMOVAL AND
RESTORATION OR REPAIR; PROVIDED, FINALLY, THAT SUCH
FAILURE, REFUSAL, OR NEGLECT ON THE PART OF THE ELECTRIC
COOPERATIVE SHALL MERIT THE IMPOSITION OF DISCIPLINARY
MEASURES AGAINST IT’S BOARD OF DIRECTORS, GENERAL
MANAGER, AND OTHER RESPONSIBLE OFFICERS [be—properly

compensated];

= x x

SEC. 2. The Department of Energy and the National Electrification Administration (NEA) shall

ensure that all electric cooperatives shall remove and relocate all of their improperly located or


10
11
12
13
14
15
16
17
18

19

obstructing electric subtransmission and distribution lines in publicly owned lands and public
thoroughfares.

SEC. 3. Within sixty (60) days from the effectivity of this Act, the Secretary of Energy shall,
after due consultation with the Department of Public Works and Highways, League of Provinces

of the Philippines, League of Cities of the Philippines, League of Municipalities of the

Philippines, and NEA, issue the rules and regulations to effectively implement this Act
SEC. 4. All other laws, decrees, orders, rules and regulations, and other issuances or parts thereof
that are inconsistent with the provisions of this Act are hereby repealed, amended, or modified

accordingly.

SEC. S. If any provision of this Act is declared invalid or unconstitutional, the other provisions

not affected thereby shall remain in full force and effect.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or

in a newspaper of general circulation.

Approved,