Question & AnswerQ&A (Republic Act No. 11361)
Republic Act No. 11361 shall be referred to as the "Anti-Obstruction of Power Lines Act."
The State declares it a policy to ensure uninterrupted conveyance of electricity from generating plants to end users and to protect the integrity and reliability of the country's transmission and distribution systems by keeping power line corridors clear of dangerous obstructions.
The Act covers all power lines and other related facilities for the conveyance of electricity throughout the Philippines.
The power line corridor includes the land beneath, the air spaces surrounding, and the areas traversed by power lines including horizontal, vertical, and similar clearance requirements, all of which must be kept clear of obstructions and hazards.
The Board of Electrical Engineering determines the clearance requirements for power line corridors, which are then approved by the Department of Energy and aligned with the Philippine Electrical Code.
Prohibited acts include planting tall growing plants, constructing hazardous improvements, conducting hazardous activities, refusing entry to authorized agents, and other acts that impair the conveyance of electricity within the power line corridor.
They have the right to enter such properties to maintain, inspect, repair, trim tall plants, remove hazardous improvements, stop hazardous activities, and take other necessary actions to prevent and remove power line obstructions, with due notice to relevant agencies.
The owner/operator of power lines must coordinate and notify the private property owner prior to entry, except in cases of imminent danger where immediate entry is allowed without notification.
First offense: arresto mayor or fine of P50,000 or both; Second offense: prison correccional or fine of P100,000 or both; Third offense: prison mayor or fine of P200,000 or both. Penalties increase by one degree if committed by an officer/employee or local building official.
They may be requested to assist the owner/operator of power lines in preventing and removing power line obstructions, and they are obliged to render assistance as deemed necessary.
Persons residing in hazardous improvements shall be relocated in accordance with the Urban Development and Housing Act of 1992 (Republic Act No. 7279).
Persons with franchises to operate power lines may exercise the right of eminent domain subject to the law and court procedures to acquire necessary rights for power conveyance.
Gathering, collecting, removing, and transporting these materials due to power line obstruction removal are not illegal provided due notice is given to the DENR, PCA, and relevant agencies.
They are responsible for informing, educating, and communicating with individuals and communities about dangers of power line obstructions, urgency of removal, prevention methods, and other related information.
Building officials must require building owners to notify and coordinate with power line owners/operators before undertaking construction or maintenance near power line corridors, and failure to do so leads to penalties including dismissal.