Anti-Obstruction of Power Lines Act
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Anti-Obstruction of Power Lines Act
Republic Act No. 11361
August 8, 2019
Case Overview and Summary
Summary of Republic Act No. 11361 (Anti-Obstruction of Power Lines Act)Title: Ensuring continuous and uninterrupted transmission and distribution of electricity and protection of power lines
Declaration of Policy (Section 2):
- Ensure uninterrupted conveyance of electricity from plants to end users
- Protect integrity and reliability of transmission, sub-transmission, and distribution systems
- Keep areas around power lines clear of dangerous obstructions
- Continuous conveyance of electricity is a national security matter and essential for economic development
- Property owners play a crucial role in keeping power lines free from obstructions
Coverage (Section 3):
- Covers all power lines and related facilities for electricity conveyance nationwide
Definitions (Section 4):
- Defines terms like conveyance of electricity, dangerous structures, distribution lines/system, end user, hazardous activities/improvements, power line obstruction, and more
Power Line Corridor (Section 5):
- Land beneath, air spaces around, and area traversed by power lines constitute the power line corridor
- Corridor clearance requirements determined by Board of Electrical Engineering and approved by DOE, following Philippine Electrical Code
- If corridor is on private property, it constitutes a legal easement with compensation (easement fee) for owner
Prohibited Acts (Section 6):
- Planting tall growing plants within the corridor
- Constructing hazardous improvements within the corridor
- Conducting hazardous activities within the corridor
- Preventing authorized agents from entry to perform duties
- Performing other acts impairing electricity conveyance or damaging power lines
Prevention and Removal of Obstructions (Sections 7 & 8):
- On public/owner's property, owner/operator can enter to prevent/remove obstructions like:
- Maintenance, inspection, repair, restoration activities (Section 7a, 7b)
- Trimming/clearing plants without prior clearance but with notice (Section 7c)
- Removing hazardous improvements per building code with notice (Section 7d)
- Stopping hazardous activities (Section 7e)
- On private property, owner must coordinate with power line owner/operator for access (Section 8)
- If owner fails, power line owner/operator can enter after notice, or without notice in imminent danger (Section 8)
Assistance from LGUs, PNP, AFP (Section 9):
- Owner/operator can seek assistance from LGUs, PNP, AFP who shall render necessary assistance
Information, Education, Communication (Section 10):
- Owner/operator must inform and educate communities about power line obstructions
Resettlement (Section 11):
- Persons in hazardous improvements shall be relocated per Urban Development and Housing Act
Timber/Forest Products Removal (Section 12):
- Removal of timber/forest products from clearing activities is not illegal with due notice
Right of Eminent Domain (Section 13):
- Power line operators can exercise eminent domain per Rules of Court
Permits (Section 14):
- LGU building officials must require notice/coordination with power line owner before issuing permits near corridors
Penalties (Section 15):
- First offense: Arresto mayor or P50,000 fine or both
- Second offense: Prision correccional or P100,000 fine or both
- Third offense: Prision mayor or P200,000 fine or both
- Higher penalty if committed by power line officer/employee
- Dismissal for building official issuing illegal permit
Congressional Oversight (Section 16):
- Joint Congressional Energy Commission shall oversee implementation
Implementing Rules (Section 17):
- DOE to issue rules within 120 days in consultation with relevant agencies
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Anti-Obstruction of Power Lines Act
Republic Act No. 11361
•August 8, 2019
REPUBLIC ACT NO. 11361
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 THEREFORE
SECTION 1. Short Title. — This Act shall be referred to as the "Anti-Obstruction of Power Lines Act."
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to ensure uninterrupted conveyance of electricity from generating plants to end users, and 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 area traversed by power lines clear of dangerous obstructions.
The State further recognizes that the continuous conveyance of electricity is a matter of national security and is essential to sustaining the country's economic development. Finally, the State acknowledges the crucial role of property owners in ensuring that power lines remain free of any dangerous and hazardous activities and improvements.
SECTION 3. Coverage. — This Act shall cover all power lines and other...
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