Anti-Obstruction of Power Lines Act

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