QuestionsQuestions (Republic Act No. 11361)
Its short title is the “Anti-Obstruction of Power Lines Act.” The policy is to ensure uninterrupted conveyance of electricity and protect the integrity and reliability of transmission and distribution systems by keeping the land beneath, surrounding air spaces, and areas traversed by power lines free of dangerous obstructions.
All power lines and other related facilities for the conveyance of electricity throughout the country, including transmission, sub-transmission, distribution lines, and related assets used to support the lines.
The power line corridor consists of the land beneath, air spaces surrounding, and areas traversed by power lines, including horizontal, vertical, and similar clearance requirements. It must always be kept clear and free from power line obstructions, dangerous structures, hazardous activities and improvements, and similar circumstances that threaten uninterrupted conveyance.
The Board of Electrical Engineering determines the clearance requirements and the Department of Energy (DOE) approves them, in accordance with the current Philippine Electrical Code.
It constitutes a legal easement under Civil Code provisions (Book II, Title VII, Chapter 2), unless the owner/operator acquires, leases, or enters into other gratuitous/onerous arrangements with the property owner. Under legal easement, the property owner is compensated with an easement fee determined by the courts in line with Civil Code and relevant laws.
(a) Planting or causing to be planted tall growing plants within the corridor; (b) Constructing/erecting hazardous improvements within the corridor; (c) Conducting hazardous activities within the corridor; (d) Preventing/refusing duly authorized agents entry to the property for acts under Section 7, provided entry complies with Section 8; and (e) Doing analogous acts that impair conveyance and cause damage.
Hazardous activities are burning of waste and other similar acts, excavation, quarrying, construction, and other similar activities performed partially or wholly inside the corridor that threaten or endanger uninterrupted conveyance of electricity. Hazardous improvements are structures/buildings and improvements of any kind (temporary or permanent) located partially or wholly inside the corridor that threaten or endanger uninterrupted conveyance.
They may: (a) conduct maintenance and inspection; (b) conduct repair/restoration; (c) trim/prune/cut/clear tall growing plants without prior clearance/permit but with due notice to DENR, PCA (for coconut trees), LGUs, and other agencies; (d) remove/dismantle/demolish hazardous improvements in accordance with the National Building Code, without prior clearances/permits but with due notice to DPWH, HLURB, and LGUs; (e) stop/prevent/prohibit hazardous activities; and (f) do analogous acts to prevent/removal obstructions.
The owner or operator of power lines has the primary duty to remove obstructions. The property owner must coordinate and assist to facilitate necessary access.
Entry may occur if the property owner fails to perform duties to prevent obstructions. Entry requires due notice to and proper coordination with the property owner. However, such notice/coordination is not required to avert imminent danger posed by a power line obstruction, consistent with Article 432 of the Civil Code.
The owner/operator may seek assistance from LGU officials, the PNP, or the AFP in performing the prevention/removal acts under Sections 7 and 8, and they must render such assistance as may be deemed necessary.
The owner/operator must inform, educate, and communicate to individuals and communities the dangers of existing power line obstructions, the urgency of removing them, how to prevent them, and other related information.
It provides that persons residing in hazardous improvements shall be relocated in accordance with Republic Act No. 7279 (Urban Development and Housing Act of 1992), as amended.
Gathering/collecting/removing/transporting such materials resulting from acts under Sections 7 and 8 is not considered illegal, provided due notice is given to DENR and PCA (for coconut lumber), and other relevant agencies.
LGU building officials must require the building owner to give due notice to and coordinate with the concerned owner/operator of power lines prior to issuance of a building permit for construction/maintenance activities surrounding, adjacent, or proximate to the corridor.
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, at court discretion. If committed by or in conspiracy with an officer/employee of the owner/operator, that officer/employee suffers a penalty one degree higher.