Republic of the Philippines Congress of the Philippines Metro Manila Seventeenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.
AN ACT ENSURING THE CONTINUOUS AND UNINTERRUPTED TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND THE PROTECTION OF THE INTEGRITY AND RELIABILITY OF POWER LINES, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Distribution lines refer to the portion of the distribution system pertaining to the lines or wires, associated facilities, equipment, and other installations necessary for the conveyance of electricity from the transmission system to the end-user.
Distribution utilities (DU) refer to any electric cooperative, private corporation, government-owned utility, or existing local government unit which has an exclusive franchise to operate a distribution system in accordance with this Act.
Easement fee refers to the compensation for the legal easement imposed upon a property, if the owner, as determined by the ERC, is entitled thereto under the rules and regulations.
End-user refers to any person or entity requiring the supply and delivery of electricity for its own use.
Hazardous activities refer to burning of waste and other materials that may obstruct, impair, or interfere with the safe and reliable conveyance of electricity.
Hazardous improvements refer to structures, buildings, or other improvements constructed or located for purposes for which they are intended and which endanger or obstruct the safe and reliable conveyance of electricity.
Joint Congressional Energy Commission (JCEC) refers to the congressional oversight committee created under Section 62 of Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act of 2001, and Section 15 of Republic Act No. 11285, otherwise known as the Energy Efficiency and Conservation Act.
Transmission system refers to the high voltage backbone system of interconnected transmission lines, substations, and related facilities for the conveyance of bulk power from power plants to the distribution system, including its associated protection, communication, and metering system, as defined under the Electric Power Industry Reform Act of 2001, otherwise known as the EPIRA.
Other distribution entities refer to entities that own, operate, or control one or more distribution systems but are not considered distribution utilities as defined under the EPIRA.
Owner or operator of power lines refers to generation companies, distribution utilities, transmission utilities, or other entities responsible for the operation and maintenance of power lines.
Philippine Electrical Code refers to the set of rules and regulations for the installation of electrical wiring and equipment in the Philippines, as mandated under the New Electrical Engineering Law.
Power lines refer to transmission lines, sub-transmission lines, distribution lines, and other components and equipment associated with the conveyance of electricity, as described or expected to be used for, or dedicated to, the transmission, sub-transmission, or distribution of electricity.
Power line obstruction refers to any hazardous activity or structure that endangers or interferes with the continuous and uninterrupted conveyance of electricity.
Sub-transmission lines refer to the portion of the sub-transmission system pertaining to the lines or wires, including poles, towers, and other related facilities, that connect the transmission system and the primary side of all substations.
Tall growing plants refer to plants, vines, and other vegetation with a height from the ground of more than seven (7) meters in height or higher within the power line corridor.
In cases where the power line corridor traverses private property, the property owner shall not construct, plant, or allow any hazardous improvements or tall growing plants within the power line corridor. If the property is partially located within the power line corridor, the property owner shall not construct, plant, or allow any hazardous improvements or tall growing plants within the portion of the property covered by the power line corridor. The property owner shall coordinate with the owner or operator of the power lines to ensure that the property is free from obstructions. The property owner shall be properly compensated for the use of the property in accordance with the provisions of the Civil Code and other relevant laws, rules, and regulations.
Plant, or cultivate tall growing plants, including plants of whatever kind, variety, or height within the power line corridor.
To conduct maintenance and inspection activities within the power line corridor;
To conduct repair or restoration activities within the power line corridor;
To conduct trimming, pruning, cutting, or clearing of tall growing plants, including plants that were planted by the property owner/s, whether naturally grown or introduced, that may affect the power line operation, upon due and reasonable notice to the property owner/s, LGU officials, the Department of Environment and Natural Resources (DENR), the Philippine Coconut Authority (PCA), and other relevant government agencies;
To demolish, dismantle, or remove hazardous improvements, structures, and hazardous activities within the power line corridor, upon due and reasonable notice to the property owner/s, LGU officials, and other relevant government agencies;
To enter properties, whether public or private, in the performance of acts enumerated under Section 7, Provided, That the property owner/s shall be properly notified prior to entry, except in emergency cases where there is imminent danger to life and property, in which case the owner/operator of power facilities and systems shall notify the property owner/s and LGU officials within a reasonable period after entry. This property owner shall have the primary duty and responsibility to keep the property clear of tall growing plants, hazardous improvements, and other similar obstructions within the power line corridor. In addition, the property owner shall coordinate and assist the owner/operator of power facilities and systems in the performance of acts enumerated in Section 7. In the event that the property owner refuses to perform any duty or responsibility under this Act, the owner/operator of power facilities and systems shall perform such duty or responsibility, Provided, That the cost incurred by the owner/operator of power facilities and systems in the performance of such duty or responsibility shall be charged to the property owner, Provided, further, That the owner/operator of power facilities and systems shall exercise extraordinary diligence in the performance of its duty in accordance with Article 2229 of the Civil Code.
First Offense - the penalty of arresto mayor or a fine of five thousand pesos (P5,000.00), or both, at the discretion of the court;
Second Offense - the penalty of prision correccional or a fine of ten thousand pesos (P10,000.00), or both, at the discretion of the court; and
Third and subsequent offenses - the penalty of prision mayor or a fine of two hundred thousand pesos (P200,000.00), or both, at the discretion of the court. If the offense is committed by or in conspiracy with an officer or employee of the owner or operator, or if the offender is an officer or employee of the owner or operator, the penalty imposed shall be one (1) degree higher than the penalty provided herein. In addition, the offender shall be held civilly liable for the damages caused by the violation of this Act and shall be penalized accordingly. If the offender is a public official, the penalty of dismissal shall follow.
the Revised Forestry Code of the Philippines, Republic Act No. 8048, as amended, otherwise known as the "Coconut Preservation Act of 1995," and the "Urban Development and Housing Act of 1992" are hereby amended. All other laws, ordinances, rules, regulations, and other issuance or parts thereof, which are inconsistent with this Act, are hereby amended, modified, or repealed accordingly.
Approved, GLORIA MACAPAGAL ARROYO Speaker of the House of Representatives VICENTE C. SOTTO III President of the Senate This Act which is a consolidation of Senate Bill No. 2098 and House Bill No. 6276 was passed by the Senate of the Philippines and the House of Representatives on May 28, 2019 and May 29, 2019, respectively. DANTE ROBERTO P. MALING Acting Secretary General House of Representatives MYRA MARIE D. VILLARICA Secretary of the Senate Approved: AUG 08 2019 RODRIGO ROA DUTERTE President of the Philippines