Anti-Obstruction of Power Lines Act

Policy, purpose, and national security focus

The State must ensure uninterrupted conveyance of electricity from generating plants to end users (Section 2).
The State must protect the integrity and reliability of the country’s transmission, sub-transmission, and distribution systems by keeping the land beneath, the air spaces surrounding, and the areas traversed by power lines clear of dangerous obstructions (Section 2).
Continuous electricity conveyance is treated as a matter of national security and essential to sustaining the country’s economic development (Section 2).
Property owners have a crucial role in ensuring power lines remain free of dangerous and hazardous activities and improvements (Section 2).

Coverage and persons/entities covered

The Act covers all power lines and other related facilities for the conveyance of electricity throughout the country (Section 3).
The Act binds any person, whether natural or juridical, public or private (Section 6).

Core definitions and key terms

The Board of Electrical Engineering refers to the Board created under Republic Act No. 7920 (Section 4).
Civil Code of the Philippines refers to Republic Act No. 386, as amended (Section 4).
Conveyance of electricity means delivery of electricity from generating plants to end-user premises through power lines (Section 4).
Dangerous structure or building includes structurally unsafe structures, fire hazards without safe egress, hazards to health/safety/public welfare due to inadequate maintenance or dilapidation/obsolescence/fire hazard/abandonment, or conditions contributing to pollution to an intolerable degree, and buildings/structures with specified conditions or defects under Section 1.01.08(b) of Republic Act No. 6541—provided public life, health, property, or safety are endangered (Section 4).
Distribution lines and sub-transmission lines refer to the respective line portions of the distribution and sub-transmission systems (Section 4).
Distribution system refers to the wires and associated facilities of a franchised distribution utility extending between delivery points on transmission or sub-transmission or generator connection and the connection point to the end user’s premise (Section 4).
Distribution utility (DU) refers to any electric cooperative, private corporation, or government-owned utility with a franchise to operate a distribution system, including those whose franchise covers economic zones (Section 4).
End users are any person or entity requiring supply and delivery of electricity for its own use (Section 4).
Hazardous activities include burning of waste and other materials, excavation, quarrying, construction, and similar activities performed partially or wholly inside the power line corridor that threaten or endanger continuous and uninterrupted conveyance of electricity (Section 4).
Hazardous improvements are structures, buildings, and improvements of any kind (temporary or permanent) located partially or wholly inside the power line corridor that threaten or endanger continuous and uninterrupted conveyance of electricity (Section 4).
Joint Congressional Energy Commission (JCEC) refers to the oversight body created under Section 62 of Republic Act No. 9136 (Electric Power Industry Reform Act of 2001) as amended by Republic Act No. 11285 (Section 4).
Other distribution entities are entities owning/operating/controlling distribution systems in the main grid and off-grid other than DUs (including Qualified Third Parties and those under management contracts) (Section 4).
Owner or operator of power lines includes generation companies, the transmission owner and its concessionaire, DUs, and other distribution entities with ownership or responsibility for operation and maintenance of power lines (Section 4).
Philippine Electrical Code refers to the safety rules on electrical installation, construction, operation, and maintenance, and utilization of electricity mandated under Republic Act No. 7920 (Section 4).
Power lines include transmission lines, sub-transmission lines, distribution lines, generation dedicated point-to-point lines, and other connection assets including poles and towers, and other related facilities constructed/erected for conveyance of electricity (Section 4).
Power line obstruction refers to hazardous activities, hazardous improvements, and other similar circumstances that threaten or endanger continuous and uninterrupted conveyance of electricity (Section 4).
Tall growing plants are plants, vines, and other species with potential to grow more than three (3) meters in height from the ground (Section 4).
Transmission system refers to the high voltage backbone system of interconnected transmission lines, substations, and related facilities in Luzon, Visayas, and Mindanao, or as determined by the Energy Regulatory Commission in accordance with Section 45 of Republic Act No. 9136 (Section 4).

Power line corridor and legal easement

The land beneath, air spaces surrounding, and areas traversed by power lines—including horizontal, vertical, and similar clearance requirements—constitute the power line corridor (Section 5).
The power line corridor must at all times be kept clear and free from power line obstructions, dangerous structures, hazardous activities and improvements, and other similar circumstances in accordance with the Act (Section 5).
Clearance requirements that constitute the power line corridor must be determined by the Board of Electrical Engineering and approved by the Department of Energy (DOE) in accordance with the current Philippine Electrical Code (Section 5).
Where the power line corridor is wholly or partially within private property not owned by the owner or operator of the power lines, it constitutes a legal easement under Book II, Title VII, Chapter 2 of the Civil Code, unless the owner/operator acquires, leases, or enters into other gratuitous or onerous arrangements with the property owner (Section 5).
In legal easement situations, the property owner must be compensated the proper easement fee under the Civil Code and other relevant laws, rules, and regulations (Section 5).

Prohibited acts and unlawful conduct

Any person must not plant or cause to be planted tall growing plants within the power line corridor (Section 6(a)).
Any person must not construct or erect hazardous improvements within the power line corridor (Section 6(b)).
Any person must not conduct or perform hazardous activities within the power line corridor (Section 6(c)).
Any person must not prevent or refuse duly authorized agents of the owner or operator of power lines entry to the property for acts listed under Section 7, provided entry must comply with Section 8 (Section 6(d)).
Any person must not perform other analogous acts or activities that impair electricity conveyance and cause damage to power lines (Section 6(e)).

Prevention and removal duties by location

For power line corridors wholly or partially on public property or property owned by the owner or operator of the power lines, the owner or operator may enter to prevent and remove obstructions (Section 7).
For those public or owner-owned areas, the owner or operator may conduct maintenance and inspection, repair or restoration, and trimming/pruning/cutting/clearing of tall growing plants without securing prior clearance or permit but with due notice to DENR, PCA (for coconut trees), concerned LGUs, and other relevant government agencies (Section 7(c)).
For those public or owner-owned areas, the owner or operator may remove/dismantle/demolish hazardous improvements in accordance with the National Building Code of the Philippines, and may do so without prior clearances or permit but with due notice to DPWH, HLURB, and concerned LGUs (Section 7(d)).
For those public or owner-owned areas, the owner or operator may stop/prevent/prohibit hazardous activities and perform other analogous acts to prevent and remove obstructions (Section 7(e)-(f)).
For power line corridors in private property, the owner or operator bears the primary duty and responsibility to remove obstructions, while the property owner must coordinate and assist by facilitating necessary access to perform the acts under Section 7 (Section 8).
The property owner must also have primary duty and responsibility to prevent obstructions and inform the owner/operator of their existence (Section 8).
The property owner must be entitled to necessary assistance from the owner/operator, including education and information, and technical and manpower support (Section 8).
If the property owner fails to perform duties, the owner or operator may access the power line corridor to undertake acts under Section 7, but entry into private property may be effected only after due notice to, and proper coordination with the property owner (Section 8).
Access to private property is not required to be preceded by due notice and coordination when needed to avert imminent danger posed by a power line obstruction in accordance with Article 432 of the Civil Code (Section 8).

Government assistance, education, and relocation

The owner or operator may seek assistance from LGU officials, the PNP, or the AFP in performing acts under Sections 7 and 8, and those entities must render assistance as deemed necessary (Section 9).
The owner or operator must inform, educate, and communicate to individuals and communities in its service areas the danger of existing obstructions, the urgency of removing them, the manner of preventing them, and other related information (Section 10).
Persons residing in hazardous improvements must be relocated in accordance with Republic Act No. 7279 (Urban Development and Housing Act of 1992), as amended (Section 11).

Timber, forest products, and coconut lumber handling

Gathering, collecting, removing, and transporting timber, forest products, and coconut lumber resulting from acts performed under Sections 7 and 8 is not considered illegal, provided due notice is given to DENR, PCA for coconut lumber, and other relevant government agencies (Section 12).

Permits, eminent domain, and LGU building coordination

Building officials of LGUs must require the building owner undertaking construction or maintenance activities surrounding, adjacent, or proximate to the power line corridor to provide due notice to and coordinate with the concerned owner or operator prior to the issuance of a building permit (Section 14).
The right of eminent domain granted to any person with a franchise to operate, manage, or maintain electric power lines is governed by the pertinent provisions of the Rules of Court, subject to limitations and procedures prescribed by law (Section 13).

Penalties and higher liability rules

Civil and administrative liability are preserved, without prejudice, in addition to criminal penalties (Section 15).
First offense for prohibited acts under Section 6 is punishable by arresto mayor or a fine of PHP 50,000, or both, at the discretion of the court (Section 15(a)).
Second offense is punishable by prison correccional or a fine of PHP 100,000, or both, at the discretion of the court (Section 15(b)).
Third offense is punishable by prison mayor or a fine of PHP 200,000, or both, at the discretion of the court (Section 15(c)).
If offenses are committed by or in conspiracy with an officer or employee of the owner or operator of the power line, that officer or employee must suffer a penalty one (1) degree higher than the penalty provided (Section 15).
The local building official who issued a building permit in violation of Section 14 must be penalized one (1) degree higher than the penalty provided and must forthwith suffer the penalty of dismissal (Section 15).

Oversight and implementing rules

The Joint Congressional Energy Commission exercises oversight powers over implementation of the Act (Section 16).
The DOE must issue implementing rules and regulations within one hundred twenty (120) days from the effectivity of the Act (Section 17).
The DOE must consult with National Electrification Administration, National Power Corporation, Board of Electrical Engineering, National Transmission Corporation, DPWH, National Housing Authority, HLURB, Housing and Urban Development Coordinating Council, DENR, PCA, National Commission on the Indigenous Peoples, PNP, AFP, electric power industry stakeholders, and private stakeholders (Section 17).

Separability and repeals

Any unconstitutional or invalid portion or provision of the Act must not nullify the other portions or provisions (Section 18).
Relevant provisions of Presidential Decree No. 705 (as amended), Republic Act No. 8048 (as amended, “Coconut Preservation Act of 1995”), and the “Urban Development and Housing Act of 1992” (Republic Act No. 7279) are amended, and inconsistent laws, ordinances, rules, regulations, and other issuances or parts are amended, modified, or repealed accordingly (Section 19).