E REPRESSES
E- Filed ”

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Republic of the Philippines RECEIVED 2\
HOUSE OF REPRESENTATIVES ATE No 17,2022 Ep
Quezon City ——<—
TIME 11:30am *
NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO._5870_
Introduced by Representative Joseph Gilbert F. Violago

EXPLANATORY NOTE

In Joly 2015, ho Cob City goverment officials discussed with the utility firms inthe
locality the removal of dangling wires and rotten poles, which are considered as
eares Ocseei those permits would be revoked. This was in response to the death
of a 13-year-old boy from Brgy. Tinago caused by a telecommunication concrete post
collapsing on him after overhead cables were dragged by a passing truck." Just this March
2022, the Cebu City council approved a local ordinance increasing the minimum height
requirement of vertical clearance (from 16 feet to 18 feet) for lines and cables of
telecommunication and utilities? This was to ensure that the public is protected from low lying
cables and lines getting dragged or poles falling because of passing big trucks and heavy
equipment.

Almost everywhere in the country, especially in urban areas, one can immediately see
the dangling and low-lying wires, dilapidated poles, and tangled cables of electric and
telecommunications companies. These do not only cause a visual nuisance but also pose a
danger to the public. As parens patriae, State must protect the people and promote their general
welfare. The proposed measure, therefore, mandates the proper installation and maintenance
of overhead electric distribution and communication lines to ensure that life and property are
protected; general welfare of the public is promoted; and good housekeeping is sustained. As
such, these companies must conduct periodic inspections, fix and bundle up dangling lines,
remove unused overhead lines, replace all unused and damaged poles, and strictly adhere to
existing laws.

‘This commendable bill had been filed and was approved on Third Reading in the 18th
Congress and the present proponent is acknowledging the wisdom and hard work of his
predecessors,

In view of the foregoing, the urgent passage of this measure is sought.

a

+ sunachita, Jose. “Danging wires to go". Inquirer.net. 23 July 2025. Web. Accessed on 22 October 2022.
-ehetps//eebudallynews.inquires.ne'/64153/dangi

2 Malinao, Ruth. “Vertical clearance of utility telco wires increased”. Philstor. 27 March 2022. Web Accessed on 22 October
2022. <https://wwrw philstar com/the-treeman/cebu-news/2022/03/27/2170176/vertical-clearance-utility-telco-wires
increased>



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL N

._ 5870
Introduced by Representative Joseph Gilbert F. Violago

AN ACT
MANDATING THE PROPER INSTALLATION AND MAINTENANCE OF
OVERHEAD ELECTRIC DISTRIBUTION, COMMUNICATION LINES, AND
STRUCTURES BY ALL ELECTRIC DISTRIBUTION, CABLE, AND
‘TELECOMMUNICATIONS COMPANIES FOR PURPOSES OF PUBLIC SAFETY.
AND GOOD HOUSEKEEPING

Be it enacted by the Senate and 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 Distribution and Communication Lines Act of 2022. |

SECTION 2. Declaration of Policy.

It is hereby declared the policy of the State to:

a. Ensure the safety and protection of life and property;

b. 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
distribution, cable, and telecommunications companies to their clients.

SECTION 3. Responsibility of Electric Distribution, Cable, and Telecommunications
Companies. — \ shall be the responsibility of electric distribution, cable, and
telecommunications companies to safeguard life and property in the conduct and delivery of
services to their clients.

All electric distribution, cable and telecommunications companies shall ensure public safety
and prepare contingencies for calamities or any unforeseen event that may cause harm, expose
a person to peril and cause damage to property, by undertaking necessary precautionary
‘measures to prevent the same. Electric distribution, cable, and telecommunications companies
shall implement sound maintenance programs in all their service areas. Toward this end, all
electric distribution, cable, and telecommunications companies shall perform the following:

a. Conduct periodic inspection of overhead electric distribution and communication lines,
in compliance with the standard clearance under the Philippine Electrical Code Part 2
(PEC 2) and as provided for in this Act or its implementing rules and regulations;



b. Fix and bundle-up dangling overhead secondary and communication lines;
c. Remove unused overhead electric distribution and communication lines;
d. Replace all unused, misplaced, damaged and rotten utility poles; and

e. Strictly adhere to and ensure 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”.

SECTION 4. Joint Use of Structures. — The joint use of structures 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 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 rules and regulations
to be promulgated to implement. Where such joint use is mutually agreed upon, it shall be
subject to the appropriate grade of construction specified in Article 3.5 of PEC 2.

SECTION 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, pursuant to
Republic Act No. 7160, as amended, otherwise known as the Local Goverment Code, issue
an ordinance governing the overhead installation of electric distribution lines, cables and utility
poles, in accordance with the Electrical Code, National Building Code and RA No. 11361 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
shall, in addition to the authority to withhold the grant or renewal of licenses or business
permits, file a complaint against the clectric distribution, cable, or telecommunications
‘company, which fails to conduct periodic inspection of its respective utility line installations
or fix or bundle up its utility lines or remove all old and unused lines in violation of the
regulations and standards provided for under the PEC 2 before the court of competent
jurisdiction. Any person may file an administrative complaint against the city or municipal
engineer who fails to monitor the compliance of electric distribution, 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. Upon failure to
rectify its error or continuous non-compliance without justifiable cause, the city or municipal



‘engineer, or the DPWH in the case of national roads, may conduct an investigation, upon due
notice to the erring company. A finding of fault by the authorized person conducting the
investigation may result in the withholding of the renewal of the corresponding business
licenses or permits for erring electric distribution, 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.

SECTION 6. Installation of Overhead Electric Distribution Lines, Cables and Utility Poles
and Standard Requirements. — All installation of overhead electric distribution lines, cables,
and utility poles shall be inspected by the city or municipal engineer, or the DPWH, whichever
is applicable. Installation of overhead electric distribution lines, cables and utility poles shall
conform to the PEC 2, Philippine Distribution Code (PDC), Distribution Services and Open
Access Rules (DSOAR), National Building Code (NBC), and other applicable existing local
and international standards, of which compliance shall be ensured by the Inter-Agency
Committee under Section 9 of this Act. The specific location shall be inspected by the
engineering officials prior to, during and after the installation.

In cases where the ideal location of a pole installation is unavailable, the concerned city or
municipal government, or the DPWH, 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, of a uniform set of requirements by the barangay, city, or municipal government unit on
the overhead installation and maintenance of electric distribution lines, cables, utility poles,
equipment and accessories, the city or municipal government shall assist the owner ofa facility
‘on issues concerning the same.

SECTION 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 distribution, 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 electri ution 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 12 of this Act.

SECTION 9. Role of the Monitoring and Service Team, ~'The Monitoring and Service Teams
of electric distribution, cable, and telecommunications companies shall conduct a semi-annual
inspection to check compliance to Section 3 of this Act and maintenance of their electric
distribution lines, cables, utility poles, equipment and accessories installed in a particular area
for the efficient delivery of their services. Maintenance shall include proper bundling, casing
and replacement of damaged clectric distribution lines and cables, and repair and replacement
of utility poles, equipment and accessories, and retirement of unused electric distribution lines,
cables and utility poles.



Electric distribution, 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 government agency
of a construction project shall inform and coordinate with the electri cable, or
telecommunication company concemed 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 government 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 shall be borne by the
implementing agency or project proponent as part of its obligation to deliver the right-of-way,
or by the private concessionaire, as the case may be.

A real-time inspection and monitoring shall be done in cases of emergencies and calamities.

SECTION 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 LGUs,
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 applicable existing 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
Engincers of the Philippines (IEE) and two (2) representatives from the private sector.

SECTION 10. Penaities. — 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 Penal
Code on criminal negligence, and unless otherwise provided under special laws, an electric
distribution, cable, or telecommunications company found in violation of any provision of this
‘Act, shall be punished with a fine of not less than Two Hundred Fifty Thousand Pesos
(Php250,000.00) but not more than Five Hundred Thousand Pesos (Php500,000.00) for the
first offense; a fine of not less than Five Hundred Thousand Pesos (Php500,000.00) but not
‘more than One Million Pesos (Php1,000,000.00) for the second offense; and a fine of not less
than One Million Pesos (Php1,000,000.00) but not more than Two Million Pesos
(Php2,000,000.00) for the third and succeeding offenses, as may be determined by the court.

SECTION. 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 JCOC 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 concemed Committees of both Houses of Congress.

SECTION 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 LGUs, the electric distribution, cable and telecommunications
companies, promulgate the necessary Implementing Rules and Regulations (IRR) within one
hundred twenty (120) days from the effectivity of this Act.

SECTION 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.

SECTION 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.

SECTION 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,