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Republic of the Philippines

DEPARTMENT OF ENERGY
-q3L- (Kagawaran ng Enerhiya)

Department Circular No. OCeoe.o - 02- OOo2. a-

THE IMPLEMENTING RULES AND


REGULATIONS OF REPUBLIC ACT NO. 11361,
OTHERWISE KNOWN AS THE "ANTI.
OBSTRUCTION OF POWER LINES ACT'

Pursuant to Section 17 of Republic Act No. 1 1361 , otherwise known as lhe "An Act
Ensuring the Continuous and llninterrupted Transmission and Distribution of
Electricity and the Protection of the lntegrity and Reliability ot Power Lines, and
Providing Penalties for Violations Thereof' (hereinafter refened to as the "Act'), the
Department of Energy (DOE), in consultation with the appropriate government
agencies such as the Energy Regulatory Commission (ERC), National Electrification
Administration (NEA), the National Power Corporation (NPC), Board of Electrical
Engineering (BEE), National Transmission Corporation (TransCo), the Department of
Public Woiks and Highways (DPWH), the National Housing Authority (NHA), the
Department of Human Settlements and Urban Development (DHSUD)' the
Department of Environment and Natural Resources (DENR)' the Philippine Cgconut
Authority (PCA), the National Commission on the lndigenous Peoples (NCIP)' the
Philippine National Police (PNP), the Armed Forces of the Philippines (AFP),
concerned electric power industry stakeholders, and private stakeholders, and the
Joint Congressional Energy Commission (JCEC), hereby issues, adopts and
promulgate! the following rules and regulations to implement the provisions of the Act.

RULE !. GENERAL PROVISIONS

The succeeding implementing rules and regulations shall include the general
provisions to be followed in outlining the responsibilities of owner or operator of power
iines in the prevention and removal of power line obstructions located within any public
or private property, with the ultimate objective of ensuring the continuous and
uninterrupted conveyance of electricity.

Section '1. Titte. -These rules and regulations shall be refened to as the
"lmplementing Rules and Regulations (lRR) of the Act".

Section 2. Declaration of Policy. - lt is hereby declared the policy of the State to:

a) Ensure the uninterrupted conveyance of electricity from generating plants to


end-users;

b) Protect the integrity and reliability of the country's transmission, sub-


transmission, and distribution systems by keeping the land beneath, the air

Energy Centor, Rizal Drive. Bonifacio Global City, Taguig City, Motm Manila, Philippines 1

Trunkline (632) 479-2900


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spaces surrounding, and the area traversed by power lines clear of dangerous
obstructions;

c) Recognize that continuous conveyance of electricity is a matter of national


security and is essential to sustaining the country's economic development; and

d) Acknowledgement of 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 IRR shall cover all power lines and other related facilities
for the conveyance of electricity throughout the country.

The IRR shall apply to all entities who own, operate and/or control the power lines and
its associated facilities by virtue of law, franchise, contract, decision, order, certificate
or other similar documents, regardless of the power lines and other related facilities'
classifications or technicalities, and irrespective of any agreement between the Power
Line owner/operator (PLO) and the Private Property Owner or the Responsible
Entity(ies) to the public property.

lncluded herein are the government agencies, instrumentalities and concessionaires


responsible over the pubiic property, and the owners of private properties to whom the
Power Line Corridor is traversing or is located.

The power lines and facilities covered by the Act shall include:

a) Alltransmission lines, sub-transmission lines, interties and associated facilities,


either overhead, underground or submarine, in the main grids of Luzon,
Visayas, and Mindanao;

b) All power lines and associated facilities either overhead, underground or


submarine, being maintained in off- and small grids;

c)' All primary distribution lines, feeders, secondary lines and associated facilities
either oveihead, underground or submarine, both in the main grid and off-grid
areas;

d) All power lines incidental to the micro-grids and other decentralized electric
power systems;

e) All dedicated power lines and related facilities, either overhead, underground
or submarine, either from plant-side or from demand-side;

The Power Line owners and/or operators being referred to bythe Act shall pertain to:

a) Entities with franchise granted by the Congress to construct, own, and/or


operate transmission systems;

b) Entities owning, operating and/or controlling the power lines in small grids and
other off-grid areas;

IRR of RA 11361 (Anti-Obstruction of Power Lines Act)l Page2 ot 24


c) All Distribution Utilities with franchise granted by the Congress to construct,
own, and operate distribution system, including, but not limited, to private-
investor-owned utilities, electric cooperatives, LGU-owned utilities;

d) Other electric power service providers employing power lines to serve remote
islands and communities using micro-grid and other decentralized electric
power systemsi

e) Generation Companies having ownership and/or responsibility for the operation


and maintenance of power lines: and

f) Other entities such as Directly-Connected Customers (DCCs) having


ownership and/or responsibility for the operation and maintenance of power
lines.

Section 4. Definition of Terms. - For the purpose of this lRR, the following terms are
defined as follows:

a) "Acf' refers to Republic Act No. 1 1361 , otheruise known as the "Antt-
Obstruction of Power Lines Act':

b) "Armed Forces of the Philippines" or "AFP' refers to the military forces


of the Philippines established under Commonwealth Act No. 1,
otherwise known as lhe " National Defense Act of 1935";

c) "Associafed facilities" refer to any or all of the equipment and other


filtures that are attached or connected with, and are integral to a power
line, such as, but not limited to, poles, guys, crossarms, insulators, and
conductors;

d) "Board of Electrical Engineering" ot " BEE refers to the Board created


under Republic Act No. 7920, otherwise known as the'New Electrical
Engineering Laty'' under the general supervision and administrative
control of the Professional Regulation Commission;

e) "Civil Code of the Philippines" refers to Republic Act No. 386, as


amended;

0 "Conveyance of electricity'' refers to the delivery of electricity from the


generating plant to the premises of the end-user, through power lines:

s) "Dangerous structure or building" refers to those which are


structurally unsafe; or which constitute a fire hazard not provided with
safe egress, or are otherwise dangerous to human health; or which in
relation to existing use constitute a hazards to safety, health, or public
welfare, by reason of
inadequate maintenance, dilapidation,
obsolescence, fire hazard, or abandonment; or which otherwise
contribute to the pollution of the site or community to an intolerable
degree. lt also refers to any building/structure which has any or all
defects described in Section 1.01.08(b), Republic Act No. 6541,

IRR of RA 11367 (Anti-Obstruction of Power Lines Act)l Page 3 of 24


otherwise known as the "National Building Code of the Philippines"',
Provided, That such condition/defect exists to the extent that life, health,
property or safety of the public or its occupants are endangered;

h) "Department of Budget and Managemenf' refers to the government


entity created under Executive Order No.292, series of 1987, otherwise
known as the "Reylsed Administrative Code of 1987';

i) "Department of Energy' or "DOE refers to the government entity


created under Republic Act No. 7638, as amended, otheMise known as
lhe "Depaftment of Energy Act of 1992";

i) "Department of Environment and Natural Resources" or "DENR'


refers to the government entity created pursuant to Executive Order No.
192, series of 1 987, otheruise known as lhe "Reorganization Act of the
Depaftment of Environment and Natural Resources";

k) "Department of lnterior and Local Governmenl' ot "DILG" refers to


the government entity created under Republic Act No. 6975, otherwise
known as the "Department of the lnteior and Local Govemment Act of
1990"i

r) "Department of Public Works and Highways" or "DPWH" refers to the


government entity created pursuant to Executive Order No. '124, series
of 1987, otherwise known as lhe "Reorganization Act of the Ministry of
Public Works and Highways";

m) "Department of Human Seff/ements and Urban Developmen(' or


"DHSUD"refers to the government entity created under Republic Act No.
1 1201 , otheMise known as lhe "Department of Human Seft/emenfs and
Urban Development Act';

n) "Distribution /ines" refer to the portion of the distribution system


pertaining to the lines or wires;

o) "Distribution system" refers to the system of wires and associated


facilities belonging to a franchised distribution utility extending between
the delivery points on the transmission or sub-transmission system or
generalor connection and the point of connection to the premises of the
end-user;

p) "Distribution utility' ot "DU' refers to any electric cooperative, private


corporation, or government-owned utility which has a franchise to
operate a distribution system, including those whose franchise covers
economic zones;

q) "Easement fee" refers to the amount, as a consideration for the


easement agreement between the PLO and the private property owner,
which is equivalent to the just compensation determined by the courts in
accordance with applicable laws, rules, and regulations;

IRR of RA 11361 (Anti-Obstruction of Power Lines Act)l Page 4 ol24


0 "Electric Cooperative" or "EC' refers to an electric distribution utility
organized and registered pursuant to Presidential Decree No. 269, as
amended, otherwise known as
the "National Electrification
Ad m i n i strati o n D e cre e" i

s) "Energy Regulatory Commission" or "ERG' refers to the independent,


quasi-judicial regulatory body created under Section 38 of Republic Act
No. 9136, otheMise known as the " Electric Power lndustry Reform Act
of 2001";

t) " End-uset' refers to any person or entity requiring the supply and
delivery of electricity for its own use;

u) "Hazardous activities" refer to burning of waste and other materials,


excavation, quarrying, construction, and other activities of the same
nature and character and regardless of purpose intended, which are
performed partially/wholly inside the power line corridor which threaten
or endanger the continuous and uninterrupted conveyance of elechicity;

v) "Hazardous improvemenb" refer to structures, buildings and buildings


of whatever kind, whether temporary or permanent in character, and
regardless of purpose for which they are intended, which are located,
partially or wholly, inside the Power Line Corridor which threaten or
endanger the continuous and uninterrupted conveyance of electricity;

w) "Joint Congressional Energy Commission" or "JCEC' refers to the


congressional oversight body created under Section 62 of Republic Act
No. 9136, otherwise known as lhe "Electric Power lndustry Reform Act
of 2001" , as amended by Republic Act No. 1 1285, otheruise known as
lhe " Energy Efficiency and Conseruation Act'i

x) "Local Government Uni( or"LGU'refers to the political entity created,


converted, divided, merged, abolished, or its boundaries substantially
altered either by the act of Congress, in the case of a province, city,
municipality, or any other political subdivision, or by ordinance passed
by the Sangguniang Panlalawigan $ Sangguniang Panlungsod
concerned, in the case of a barangay located within its territorial
jurisdiction, sub.ject to such limitations and requirements prescribed in
Republic Act No. 7160, otherwise known as the "Local Government
Code of 1991":

v) "National Building Code of the Philippines" refers to Presidential


Decree No. 1096 which is the law covering the technical requirements in
constructing or renovating buildings and structures in the Philippines to
secure the life, health, property and welfare of the Filipinos.

z) "National Commission on lndigenous People" or "NCIP' refers to the


government entity created under Republic Act No. 8371 , otherwise
known as "The lndigenous Peoples'Rights Act of 1997';

IRR of RA 11i61 (Anti-Obstruction of Power Lines Act)l Page 5 of 24


aa) "National Electrification Administration" or " NEA" refers to the
government entity created pursuant to Presidential Decree No. 269,
otherwise known as lhe "National Electrification Administration Decree",
as amended;

bb) " National Housing AuthoriV' or " NHA" refers to the government-
owned and controlled corporation created under Presidential Decree No.
757, otheruise known as "Creating the National Housing Authority';

cc) "National Power Corporation" or ",VPC' refers to the government-


owned-and-controlled corporation created under Commonwealth Act
No. 120 as amended by Republic Act No. 6395, otherwise known as "An
Act Creating The National Power Corporation";

dd) "National Grid Corporation of the Philippines" oT "IVGCP'refers to the


privately owned corporation which was granted a franchise under
Republic Act No. 951 1 , to operate, manage and maintain, and in
connection therewith, to engage in the business of conveying or
transmitting electricity through a high-voltage back-bone system of
interconnected transmission lines, substations and related facilities,
systems operations, and other activities that are necessary to support
the safe and reliable operation of a transmission system and to
construct, install, flnance, manage, improve, expand, operate, maintain,
rehabilitate, repair and refurbish the present nationwide transmission
system of the Philippines;

ee) "National Transmission Corporation" or "IRANSCO" refers to the


government-owned and controlled corporation created by Republic Act
No.9136, otheruise known as the "Electric Power lndustry Reform Act
of 2001" and a corporate entity wholly owned by the Power Sector
Assets and Liabilities Management Corporation (PSALM);

ff) "Other distribution entities" refer to entities that own, operate, or


control one or more distribution systems in the main grid and off-grid
other than DUs such as, but not limited to, Qualified Third Parties and
those under management contracts for the conveyance of electricity;

SS) "Owner or Operator of Power Lines" or "Power Line


Owner/Operato/' or "PLO" refers to generation companies, the
transmission network owner and its concessionaire, the DUs, other
distribution entities, and other entities having ownership and/or
responsibility for the operation and maintenance of power lines;

hh) "Philippine Coconut Authority' or "PCA" refers to the entity created


under Presidential Decree No. 232, otherwise known as "Creating a
P h il i ppi ne Cocon ut Authoritl/',

IRR ol RA 11361 (Anti-Obstruction of Power Lines Act)l PaBe 6 of 24


ii) "Philippine Nafional Police" ot "PAIP' refers to the entity established
under Republic Act No. 6975, otheruise known as lhe "Depaftment of
the lnterior and Local Government Act of 1990"i

ji) "Philippine Electrical Code" or "PEC' refers to the set of rules which
provide for the safety in electrical installation, construction, operation
and maintenance, and the utilization of electricity mandated under the
" New Electrical Engineering Lavl' ;

kk) " Power lines" refer to transmission lines, sub-transmission lines,


distribution lines, and generating plant's dedicated point-to-point lines,
and other connection assets including the poles and towers used to
support the lines, and other related facilities constructed or erected used
for the purpose of conveyance of electricity;

ll) "Power line obstruction" refers to any hazardous activity or hazardous


improvement and other similar circumstances that threaten or endanger
the continuous and uninterrupted conveyance of electricity;

mm) "Rerocafion" refers to the transfer of the power line and its associated
facilities to a location that is proximate, adjacent and/or contiguous to its
original location;

nn) "Responsibre ertiy' refers to a private corporation which is granted


with a franchise, certificate or any other similar authorization, or to which
the government entered into an agreement to perform a business and/or
services over a public property, regardless of the scheme that the
Government agreed with such private entity;

oo) "Sub-transrnission lines" refer to the portion of the sub-transmission


system pertaining to the lines or wires;

pp) "Sub-fransrnission system" refers to the portion of the distribution


system that is delineated by the connection point to the transmission
system and the primary side of all substation transformers;

qq) "Substantia, or major relocation" refers to the transfer of the power


lines and its associated facilities to a location that is remote to its original
position, and which will require a change in the system map of the PLO;

rr) "Tall growing prants" refer to plants, vines and other plant species,
which grow or have the potential to grow more than three (3) meters in
height from the ground;

ss) "Transmission /lnes" refer to the portion of the transmission system


referring to the lines or wires;

tt) "Transmission system" refers to the high voltage backbone system of


interconnected transmission lines, substations and related facilities
located in each of Luzon, Visayas, and Mindanao, or as may be

IRR of RA 11367 (Antlobstruction ol Power Lines Act)l PageT of 24


otherwise determined by the ERC in accordance with Section 45 of
Republic Act No. 9136, otherwise known as the "Electric Power lndustry
Reform Act of 2001":

uu) "Upgradin{' refers to the process of improving the structural and


mechanical design, conductor strength and size, and other related
electrical equipment and fixture of the power lines and its associated
facilities to meet the required clearance for a safe, reliable and
continuous conveyance of electricity in the system; and

w) "Uprating" refers to the process of increasing the electrical properties


and/or characteristics of the power line and its associated facilities to
accommodate the present and future requirements of the system or of
the grid.

Section 5. lnterpretation and Construction of General and Technical Terms. - All


other terms not covered in the Act or in this lRR, but is relevant in the implementation
of the Act, may be defined by the concerned government agencies, in coordination
with the DOE, in their issuances pertinent to the Act and this lRR, in the exercise of
their mandate and function. Terminologies shall be related to the technical definition
and determination of the Power Line Corridors specified and approved by the Board
of Electrical Engineers.

lf a provision in this IRR can be interpreted in several meanings, lhe meaning which
will be the most adequate to render the objectives of the Act effective shall be adopted.

Words, which may have different significations, shall be understood in that which is
most in keeping with the nature and object of the Act. The technical usage or the
relevant industry practice shall be considered in the interpretation and construction of
the terms and provisions of this lRR, and shall fill the omission of the provision which
are ordinarily established. Terminologies related to the technical definition and
determination of the Power Line Corridors may further be defined by the BEE.

lf the words appear contrary to the evident intention of the legislature, the legislative
intent prevails over words.

Section 6. Ru/es as to existing Power Lines and its clearances and


arrangements. - Agreements between the PLO with the concerned private property
owner or with the Responsible Entity(ies), which were executed prior to the Effectivity
of the Act and entered into to observe the clearance requirements for power lines
under the PEC, shall remain valid and effective, insofar as the objectives of this Act
are achieved. Similarly, those entered into by, behveen, or among the government,
Responsible Entity(ies) and/or with another person, whether juridical or natural, or
public or private, which affect existing power lines shall remain valid and effective
insofar as the objectives of this Act are achieved.

However, the parties in such arrangement may opt to amend their agreements with
the PLO pursuant to the Act and this lRR.

IRR of RA 11361 (Anti-Obstruction of Power Lines Act)l Page 8 of 24


Section 7. Rules as to existing Power Lines subject to relocation, uprating
and/or upgrading. - As to those existing power lines and its associated facilities that
are subject of relocation, the PLO shall provisionally observe and comply with the
dimensions provided under Rule ll Section 2 of this lRR, until it has completed the
relocation aclivily; Provided, That the PLO, the DPWH and other related government
agencies, and the Responsible Entity(ies) shall continuously coordinate, cooperate
and communicate as to existing power lines and its associated facilities to be
relocated; Provided a/so, That the PLO shall relocate the power lines and its
associated facilities in the most expeditious manner and in accordance with the
procedure, requirements and standards set forth by applicable laws, rules and
regulations; Provided fufther, That the relocated power lines and its associated
facilities shall henceforth comply with the Act and this IRR;

Provided finally, fhal any substantial/major relocation of existing power lines and its
associated facilities shall no longer be considered as an existing power line, but shall
be treated as a new power line which shall then comply with the applicable permitting
and other requirements of relevant government agencies.

Power lines and associated facilities that are to be uprated and/or upgraded by the
PLO shall be considered as existing lines and shall observe the dimensions of the PLC
under Section 2, Rule ll of this IRR accordingly.

RULE II. POWER LINE CORRIDOR

Section 1. Powet Line Corridor (PLC). - The PLC is constituted as the land beneath,
the airspaces surrounding, and the area traversed by power lines, which shall be kept
clear and free from any power line obstructions, dangerous structures, hazardous
activities and improvements and other similar circumstances in accordance with the
provisions of the Act.

Section 2. Determination of the PLC. -The PLC shall be determined by the BEE, in
accordance with the PEC, and to be approved by the DOE.

ln accordance with Section 5 of the Act, and upon mnsultation with concemed
stakeholders, the DOE hereby approves and promulgates the updated clearance
requirements for PLCs as determined and submitted by the BEE, attached herein as
Annex "A". The same shall form as an integral part of this lRR. Through BEE, all
affected sections and standards ofthe latest publication ofthe PEC are hereby revised
and amended.

Any future proposed revisions or amendments by the BEE of the PEC on the detailed
clearance requirements for the PLCs, after its conduct of industry and public
consultations, shall require prior approval of the DOE Secretary, thus, wholly or
partially, updating Annex "A" of this lRR. Any DOE-approved amendments, upon
proper notification to relevant stakeholders and the public, shall automatically update
the relevant sections and standards of PEC.

Upon approval of the revised PLC detailed clearance requirements, the DOE shall
notify all PLOs, relevant government agencies and instrumentalities, and the public of

IRR of RA 11i61 (Anti-Obstruction of Power Lines Act)l Page 9 of 24


the revisions on the PLC clearance requirements, and shall cause the publication of
the updated PLC clearance requirements accordingly.

RULE III. PROHIBITED ACTS

Section 1. Prohibited Acts. - Pursuant to Section 6 of the Act, it shall be declared


unlaMul for any person, either natural or juridical and whether public or private, to
commit the following acts:

a) Plant or caused to be planted tall growing plants of whatever kind, variety or


height within the PLC;

b) Construct or erect any hazardous improvements within the PLC;

c) Conduct or perform any hazardous activities within the PLC;

d) Prevent or refuse duly authorized agents of the Power Line Owner/Operator


entry to the property in the performance of the acts enumerated under Section
7 of the Act: Provided, That such entry is in accordance with the provisions of
Section 8 of the Act; and

e) Perform other analogous acts/activities which will impair the conveyance of


electricity and cause damage to power lines.

Section 2. Penalties. -Pursuant to Section 15 of the Act, the following penaltiesshall


be imposed upon any person, either natural or juridical, found guilty of committing the
acts specifled in the preceding section of this IRR:

a) First Offense of arresto mayor ot a fine of Fifty Thousand


- the penalty
Pesos (PhP 50,000.00) or both, at the discretion of the court;

b) Second Offense the penalty of prision coneccional or a fine of One


-
Hundred Thousand Pesos (PhP 100,000.00), or both, at the discretion of
the court; and

c) Third Offense the penalty of prision mayor $ a flne of Two Hundred


- (PhP
Thousand Pesos 200,000.00), or both, at the discretion of the court

lf the offenses are committed by or in conspiracy with an officer or employee of the


PLO, such officer or employee shall suffer a penalty one (1) degree higher than the
penalty provided herein.

The local building official who issued a building permit in violation of Section '14 of the
Act shall be meted a penalty of one (1) degree higher than the penalty provided herein
and shall forthwith suffer the penalty of dismissal.

These penalties shall be without prejudice to the civil and administrative liability of the
perpetrator that may be enforced by the PLO, the private property owner and the
Responsible Entity(ies) over the public property.

IRR ol RA 11j61 (Anti-Obstruction of Power Lines Act)l Page 10 of 24


RULE IV. RESPONSIBILITES, RIGHTS AND OBLIGATIONS INSIDE THE
PLC

Section 1. Responsibility of the Power Line Owner/Operator. - The PLO shall


have the primary responsibility to prevent the introduction or the intrusion of any power
line obstruction within the PLC, and to remove such obstruction within the PLC to
ensure the continuous and uninterrupted conveyance of electricity.

It shall be the main responsibility of the PLO to:

(a) Determine the dimensions of the PLC in accordance with Section 2, Rule ll of
this IRR;

(b) Undertake the management and maintenance of the power lines and its
associated facilities, as may be necessary;

(c) Remove any power line obstruction within the PLC that undermines the
security, reliability and quality of its power lines; and,

(d) Prevent prohibited acts within its PLC as enumerated in Section 1, Rule lll of
this lRR.

The PLO shall construct, erect, maintain, manage, relocate, upgrade and uprate its
power lines and its associated facilities in the least-cost, most efficient and most
practical manner. lt shall consider all possible means and methods in the
establishment of its PLC, particularly in highly-sensitive areas and other places for the
public good and the general welfare including, but not limited to, protected forests,
environmental or historical or cultural sanctuaries, land of ancestral domains, highly-
urbanized cities and municipalities, airports, seaports, expressways, military camps
and alike.

Section 2. Rights of the Power Line Owner/Operator inside the PLC. - Pursuant
to Section 7 of the Act, the PLO shall have the right to enter the said property in order
to prevent and remove any power line obstruction within the PLC, whether located on
a public property, private property or on its own property.

Section 3. Obligations of the Power Line/Operator inside the PLC. - The PLO
shall have the following obligations inside the PLC, whether located on a public
property, private property or on its own property:

a) Conduct maintenance and inspection activities within the PLC;

b) Conduct repair or restoration activities within the PLC;

c) Conduct trimming, pruning, cutting or clearing activities for tall growing plants
within the PLC without securing prior permit or clearance from the DENR, PCA
in the case of coconut kees, LGU(s) and/or other relevant government
agencies, subject to the notice process and requirements to these relevant
agencies as prescribed in Rule V of the IRR;

IRR of RA 77361 (Anti-Obstruction of Power Lines Act)l Page 11 of 24


d) Remove, dismantle, or demolish hazardous improvements in accordance with
the National Building Code of the Philippines without the necessity of securing
prior permit or clearance from the DPWH, the NHA or the DHSUD, and the
concerned LGU(s): Provrded, That the notice procedure and requirements, as
set forth in Rule Vl of the lRR, is observed;

e) Stop, prevent or prohibit the conduct of hazardous activities;

f) Secure the necessary permits, clearances, certiflcations, consents, and other


equivalent documents prior to the performance of incidental activities which will
require permits, clearances, certifications, consents or other similar documents
from the concerned government agencies, other than those exempted by the
Act from permitting requirements;

g) Submit a notice to the relevant government agencies and the Responsible


Entity(ies) before execution of line clearing and other activities incidental to
management and security of the power lines and its corridors, as prescribed by
this IRR;

h) Notify the public, especially the affected individuals, before carrying out line
clearing and other similar activities incidental to the management and
preservation of the power lines and corridors as prescribed by and in
accordance with the periods provided in this IRR;

i) Plan and coordinate with the appropriate agencies and the concerned LGU(s)'
and implement the resettlement plans and programs of affected persons and
similar actions, if deemed necessary in the management and integrity of the
power lines and corridors;

j) Undertake public consultation and lnformation, Education and Communication


(lEC) campaign for activities with significant impacts to the public or community
such as resettlement, tree cutting and trimming operations, among others; and

k) Perform other analogous acts or activities, which will cause the prevention and
removal of any power line obstruction within and in proximity of the PLC.

Section 4. Rote of the DOE, ERC and NEA. - Within the scope of their respective
mandates and functions, the DOE, ERC, and the NEA for electric cooperatives, shall
supervise the PLO's performance of all the duties and responsibilitles prescribed by
the Act and this lRR. Nothing in the Act or in this IRR shall be construed as a limitation,
amendment or expansion of the DOE, ERC or NEA's authority, together with other
legal remedies available under the law, over the PLO and its officials.

The ERC shall ensure that the expenses incurred by the PLO in complying with the
Act and its IRR are valid, reasonable, fair and equitable, subject to ERC's pertinent
rules and regulations.

Section 5. Right of Eminent Domain by the PL Owner/Operator. - ln consonance


with Section 13 of the Act, the power to exercise the right to eminent domain granted

IRR of RA 17i67 (Anti-Obstruction ol Power Lines Act)l Page 12 of 24


to any person with a franchise to operate, manage, or maintain the electric power lines
shall be governed by the pertinent provisions of the Rules of Court, subject to the
limitations and procedures prescribed by applicable laws.

Nothing in this IRR shall be construed as an amendment, alteration or limitation on the


right of eminent domain granted by law, or as may be provided in the franchise, or as
stipulated in the agreement with the Government, or as delegated to the PLO.

RULE V. TRIMMING, PRUNING, CUfiING, OR CLEARING OF TALL


GROWING PLANTS INSIDE THE PLC

Section 1. Notice to the DENR or the PCA, the LGU(s) and other concerned
Government Agencies, and the Responsible Entities. - The PLO shall notify the
DENR, the PCA in case of coconut trees, the concerned LGU(s) and other relevant
government agencies, and the Responsible Entity(ies), at least three (3) days prior to
the conduct of the trimming, pruning, cutting or clearing activities fortall growing plants
located within or is intruding in the PLC.

ln cases of emergency, imminent danger or other analogous circumstances, the PLO


shall submit the necessary Notice on a form prescribed under Section 3 below, at least
one (1) day prior to the conduct of any of these activities.

Section 2. When Permit(s) from the DENR, the PCA, the LGU(s) and other
concerned Government Agencies is not required. - Pursuant to Section 7 (c) of
the Act, the PLO is exempted from the following permits, together with its attached
fees, prior to the conduct of trimming, pruning, cutting or clearing activities within the
PLC:

i. Tree Cutting Permit;


ii. Special Tree Cutting Permit;
iii. Trimming/Pruning Permit;
iv. Transport Permit;
Certificate of Registration for Chainsaw, in case it is owned by the PLO; and
vi. All other permits required from the DENR, PCA, LGU(s) and other concerned
government agencies for the trimming, pruning, cutting or clearing activities and
other matters incidental to these activities.

Section 3. Confents of the Notice. - The PLO shall write to the DENR, the PCA, the
LGU(s) and other concerned agencies of its intent to conduct trimming, pruning,
cutting or clearing activities within the PLC, within the period prescribed by Section 'l
of this Rule. Such letter shall attach the Notice Form, as prescribed in ANNEX "B"
which is made as an integral part of this lRR.

The Notice Form shall contain the following details:


i. Name of the power line and its associated facilities;
ii. Location or area traversed by the power line and its associated facilities;
ili. Schedule of the Activity;

IRR oJ RA 1Lj61 (Anti-Obstruction of Power Lines Act)l Page 13 of 24


Quantity of tall growing and non{all growing plants to be trimmed, pruned, cut
or cleared, including the estimated board feet of recoverable lumber/s;
Name(s) of private property owner/s affected, if any;
vi. Name(s) of service contractor, if any,
vii. Name(s) and Address(es) of the consignee lumberyard, who must be duly
registered with the DENR or the PCA as a lumber dealer, lumberyard owner or
chainsaw operator, as the case may be, or of any person contracted to or
intended by the PLO to receive the timber, forest products and/or coconut
lumber as a product of the activities mentioned in this notice;
VIII. Quantity, and the respective serial number, type and brand of the chainsaw, in
case it is owned by the PLO.

The PLO shall prepare and attach to the Notice an inventory of the trees affected prior
to the conduct of the activities. Upon the completion of the activities mentioned in this
Rule, the PLO shall submit a report, with a documentation of the tall growing and non-
tall growing plants trimmed, pruned, cut or cleared attached thereto, to the DENR, or
the PCA, the LGU(s) and other relevant government agencies, and the Responsible
Entity(ies).

As to the one (1) day Notice, the PLO shall attach a certification by its Safety Officer
of the existence and circumstances of the imminent danger within the PLC which shall
require the conduct of the trimming, pruning, cutting and clearing activities, in addition
to the abovementioned contents and attachments of the notice.

The conduct of these activities without the required Notice mentioned in this Rule shall
be deemed illegal and a violation of relevant laws, rules and regulations.

Section 4. Action by the DENR, the PCA, the LcU(s) and other concerned
Government Agencies, and the Responsrbre Entity(ies). - Upon receipt of the
Notice, the DENR, the PCA in case of coconut trees, the concerned LGU(s) and other
relevant agencies, and the Responsible Entity(ies), may send representatives to
monitor the conduct of the activities mentioned in this Rule but shall not, directly or
indirectly, interfere, intervene nor interrupt the conduct of the trimming, pruning, cutting
and clearing activities inside the PLC. The absence of the representatives of the
DENR, or of the PCA, and of the concerned LGU(s) and other relevant agencies and
the Responsible Entity(ies) shall not prevent the PLO in the conduct of these activities:
Provided, That the Notice requirements and procedure mentioned in this Rule are
properly complied with.

This Act, as well as other related laws, such as Republic Act No. 11032, otheMise
known as the "Ease of Doing Business Act of 2018", Republic Act No. 9485, otheMise
known as lhe "Anti-Red Tape Act of 2007' , and Republic Act No. 1 1234, otherurlise
known as the "Energy Virtual One-stop Shop (EVOSS) Acf', shall be observed by the
DENR, the PCA, the LGU and other concerned government agencies in streamlining
existing government permit and/or clearance procedures and guidelines for the Notice
procedure and requirements intended by the Act for the conduct of trimming, pruning,
cutting, or clearing activities for tall growing plants within the PLCs.

IRR of RA 71361 (Anti-Obstruction of Power Lines Act)l Page 14 of 24


Section 5. Guidelines in the Gathering, Collection, Removal, and Transportation
of Timber, Forest Products, and Coconut Lumber. - As provided by Section 12 of
the Act, gathering, collecting, removing, and transporting of timber, forest products,
and comnut lumber as a result of the acts performed under Sections 7 and 8 of the
Act shall not be considered as illegal acts: Provided, That the Notice requirements and
procedure under this Rule is appropriately observed.

The PLO shall coordinate with the DENR, the PCA, the concerned LGU(s) and other
relevant government agencies, and the Responsible Entity(ies), in the gathering,
collection, removal and transportation of timber, forest products and coconut lumber
which resulted from the trimming, pruning, cutting or clearing activities mentioned in
this Rule.

The DENR, the PCA in case of coconut trees, the concerned LGU(s) and other
relevant agencies, and the Responsible Entity(ies), may send representatives to
monitor the conduct of the activities mentioned in this Section. The absence of the
representatives of the DENR, the PCA, the concerned LGU(s) and other relevant
government agencies, and the Responsible Entity(ies) shall not prevent the pLO in
the conduct of these activities.

The transport of unprocessed timber, forest products, and coconut lumber within the
province, city, municipality, or barangay which has jurisdiction over the pLC, or from
the PLC to a lumberyard which is within the province where the pLC is located shall
not require the necessary Transport permit from the DENR, the pCA, the concerned
LGU(s) and other relevant government agencies; provided,That the Notice mentioned
in this Rule is duly complied wilh. Provided further, That the consignee lumberyard or
any person contracted to or intended by the PLO to receive the timber, forest products
and/or coconut lumber shall be located within the city or municipality where the
activities under sections 7 and 8 of the Act is conducted, or is neareit therefrom;
Otherwise, the PLO shall comply with the regular permitting requirements and
procedures by the DENR, the PCA, the concerned LGU(s) and other relevant
government agencies relative to the transport of these items.

The transport of any processed timber, forest products, and coconut lumber,
regardless of destination, shall require the necessary Transport permit from the
DENR, the PCA, the concerned LGU(s) and other relevant government agencies
pursuant to relevant laws, rules and regulations.

This IRR precludes any and all activities that will result in, or is similar with, illegal
logging and wanton encroachment of environmentally protected areas, whether w]th
intent or through negligence. such illegal activities shall be penalized or prosecuted in
accordance with existing laws and regulations related to illegal logging.

Section 6. Disposal or Hand-over of Timber, Forcst products and/or Coconut


Lumber and other related waste. - Timber, forest products, and coconut lumber
which resulted from the performance of the acts under sections 7 and g of the Act
shall be disposed of, or handed-over by the pLO to the relevant government agency,
in_accordance with the applicable ordinances, rules and regulalions of tne OgNn,
PCA, the concerned LGU(s) and other related government aglncies.

IRR of RA 7L361 (Anti-Obstruction of power Lines Act)l page 15 of 24


RULE VI. REMOVAL, DISMANTLE OR DEMOLITION OF HAZARDOUS
IMPROVEMENTS WITHIN THE PLC

Section 1. Notice to the DPWH, DHSUD, LGU and other relevant Government
Agencies, and the Responsible Entity(ies). - The PLO shall notify the DPWH or the
DHSUD and the concerned LGU(s) and other relevant government agencies, and the
Responsible Entity(ies) at least fifteen (15) days prior to the removal, dismantling or
demolition of hazardous improvements within or is intruding in the PLC.

ln cases of emergency, imminent danger or other analogous circumstances, the PLO


shall submit the necessary Notice as provided under Section 3 below, at least three
(3) days prior to the conduct of these activities.

Section 2. When Permits or Clearances from the DPWH, DHSUD, the LGU and
other relevant Government Agencies are not required. - Pursuant to Section 7 (d)
of the Act, the PLO is exempted from the following permits, together with its attached
fees, prior to the conduct of removal, dismantle or demolition of hazardous
improvements within the PLC:

Building Permit and other Ancillary Permits under the National Building Code
of the Philippines;
lt. Demolition Permit under the National Building Code of the Philippines; and
l . All other permits required from the DPWH, DHSUD, LGU and other relevant
government agencies for the removal, dismantle or demolition of hazardous
improvements and other matters incidental to these activities.

Section 3. Contents of the Notice. -


The PLO shall write to the DPWH or the
DHSUD, and the concerned LGU(S) and other relevant government agencies, and the
Responsible Entity(ies) of its intent to conduct the removal, dismantling or demolition
of hazardous improvements within the PLC, in accordance with the periods prescribed
by Section 1 of this Rule. Such letter shall attach the Notice Form, as prescribed in
ANNEX 'C" which is made as an integral part of this lRR.

The Notice Form shall contain the following details:


i. Name of the power line and its associated facilities;
ii. Location or area traversed by the power line and its associated facilities;
iii. Schedule of the Activity;
iv. Pictures or documentation of the existing hazardous improvements;
v. Estimated quantity/volume of potential waste or debris;
vi. Name(s) of private property owner/s affected, if any;
vii. Name(s) of service contractor, if any,
viii. Estimated number of workers and equipment to be used; and
ix. Estimated number of days to complete the removal, dismantling or demolition
activity within the PLC.

The PLO shall prepare and attach to the Notice a master list of structures or
improvements affected prior to the conduct of these activities. Upon completion of the
activities mentioned in this Section, including the removal of the debris within the
proximity of the PLC, the PLO shall submit a report, with an attached documentation
of the removed, dismantled or demolished structures or improvements, to the DPWH,

IRR of RA 11361 (Anti-Obstruction of Power Lines Act)l Page 16 of 24


or the DHSUD, and the concerned LGU(S) and other relevant agencies, and the
Responsible Entity(ies).

The PLO must observe the standards and procedures laid down by the National
Building Code of the Philippines in the conduct of any removal, dismantling or
demolition activity.

The conduct of these activities without the required Notice mentioned in this Rule shall
be deemed illegal and a violation of relevant laws, rules and regulations.

Section 4. Action by the DPWH, DHSUD, LGU and other relevant Government
Agencies, and Responsible Entity(ies). - Upon receipt of the said Notice, the
DPWH or the DHSUD, and the concerned LGU(s) and other relevant agencies, and
the Responsible Entity(ies), may send representatives to monitor the conduct of the
activities mentioned in this Rule but shall not, directly or indirectly, interfere, intervene
nor interrupt the conduct of the said activities inside the PLC. The absence of the
representatives of the DPWH or of the DHSUD, and of the concerned LGU(s) and
other relevant agencies, and the Responsible Entity(ies) shall not prevent the Power
Line Owner/operator in the conduct of these activities: Provided, That the Notice
requirements and procedure mentioned in this Rule are properly conformed with.

This Act, as well as other related laws such as Republic Act No. 11032, otherwise
known as the "Ease of Doing Business Act of 2078", Republic Act No. 9485, otherwise
known as lhe "Anti-Red Tape Act of 2007', and Republic Act No. 11234, otherwise
known as the "Energy Viftual One-stop Shop (EVOSS) Acf', shall be observed by the
DPWH, the DHSUD, the concerned LGU(s) and other relevant government agencies
in streamlining existing government permit and/or clearance procedures and
guidelines on the Notice procedure and requirements intended by the Act for the
conduct of removal, dismantling, and demolition of hazardous improvements within
the PLCs.

Section 5. Dlsposa/ of Waste and Debris. - Waste and debris which resulted from
the removal, dismantling and demolition activities under this Rule shall be disposed of
in accordance with the relevant ordinances, rules and regulations of the DPWH, the
DENR, the concerned LGU(s) and other related government agencies.

RULE VII. PLC LOCATED ON A PRIVATE PROPERW

Section 1. Constitution of the PLC on a Private Properfy. - Under Section 5 of the


Act, the PLC may be constituted wholly or partially within a private property not owned
by the PLO through the following means:

a) As a legal easement under Arts.634 to 687, Chapter 2, Title Vll, Book ll of the
New Civil Code (NCC) of the Philippines.

ln case of legal easement, the owner of the private property shall be


compensated with the proper easement fee pursuant to the pertinent provisions
of the NCC and other relevant laws, rules and regulations; or

IRR of RA 11361 (Anti-Obstruction of Power Lines Act)l PaEe L7 of 24


b) Through acquisition, lease, or execution of other gratuitous or onerous
arrangement by the PLO with the Private Property Owner as to the portion of
the private property affected or traversed by the PLC. ln which case, the PLC
shall not be considered as a legal easement and will be governed by their
respective arrangement.

ln case the PLO shall acquire, regardless of the mode of acquisition, wholly or
partially the private property for its PLC, it shall then be considered a PLC
located on the property of the PLO who is entitled to the rights under Section 2,
Rule lV of the lRR, and is required to observe the duties and responsibilities
enshrined in Sections 1 and 3 of Rule lV of the lRR.

The second mode shall likewise apply when the PLO acquires the private
property through expropriation, even if still pending; Provided, That the court
which hears the expropriation case has issued a Writ of Possession in favor of
the PLO.

Section 2. Primary Duty of the Private Propefty Owner. -When the PLC is located
wholly or partially within a private property, the Private Property Owner shall have the
primary duty to prevent the introduction or intrusion of any power line obstruction within
and in proximity to the PLC.

The PLO shall only have the responsibility to remove the power line obstruction found
in the PLC located within a private property, subject to the succeeding sections on the
procedure and conditions of entry.

Section 3. lnformation and Coordination with the Power Line Owner/Operator.


The Private Property Owner shall have the responsibility to inform and notify the PLO
-
of the existence of the power line obstruction within thirty (30) days from its discovery.

The Private Property Owner is obliged to provide the PLO with the necessary access
to the PLC inside the private property, in order to conduct the activities enumerated
under Section 7 of the Act.

The Private Property Owner shall not, directly or indirectly, interfere, intervene or
interrupt the conduct of the activities under Section 7 of the Act within the PLC.

Section 4. Duty of the Power Line Owner/Operator. - Within three (3) days from
the receipt of the information or notice from the Private Property Owner mentioned in
the preceding section, the PLO shall immediately respond on this information or notice
and shall coordinate with the Private Property Owner on the entry inside the private
property.

ln the performance of the removal of power line obstruction on the PLCs and other
related facilities located in a private property, the Private Property Owner shall be
entitled to necessary assistance such as, but not limited to, education and information,
and technical and manpower support from the PLO.

IRR of RA 71361 (Anti-Obstruction of Power Lines Act)l Page 18 of 24


The PLO shall not impose any charges or fees against the Private Property Owner on
the expenses incurred in the removal of the power line obstruction of the PLC within
the private property. Similarly, the Private Property Owner shall not be entitled to any
compensation for damages arising from the conduct of the activities under Section 7
and 8 of the Act which are performed inside the PLC, except in the case of Section 6
of this Rule.

Section 5. Failure of the Private Propefty Owner to Perform its Duty or to Give
Access to the PLO, or Unable or Desisfs to Receive Notice from the PLO. - ln
the event that the Private Property Owner fails to perform any of its duties and
responsibilities under the Section 2, Rule Vll of the lRR, the PLO shall have the right
to access the PLC in order to undertake the activities enumerated under Section 7 of
the Act, subject to due notice and coordination required by Section 3 and 4, Rule Vll
of this IRR.

ln cases when the Private Property Owner is unable or desists to receive the notice
from the PLO, or refuses to provide the latter with the necessary access to the PLC
inside the private property, the PLO shall record such fact within one (1) day from its
happening. Within three (3) days from the date of recording of the inability or
desistance to receive the notice, orfrom the refusal to grant entry, the PLO shall notify
anew the Private Property Owner, or shall post the notice to a conspicuous place of
the Private Property of the intended date of entry and the nature of the activity to be
conducted which shall in no case be less than five (5) days from the second notice or
posting. The PLO may avail other medium of posting, publication or broadcast in
addition to its compliance with the second notice pertained by this paragraph.

When the Private Property Owner is still unable or desists from receiving the second
notice or continues to deny the PLO entry to the property, the PLO shall be allowed to
enter the property, after ten (10) days from the second notice or posting, in order to
conduct the activities enumerated under Section 7 of the Act.

This section shall be without prejudice to any other legal remedies that the PLO may
avail against the erring or negligent Private Property Owner.

Section 6. When Notice and Coordination with the Private Propefty Owner is not
required. - The PLO need not notify and coordinate with the Private Property Owner
when the Private Property Owner failed to perform its duty, as provided in this Rule,
and the interference by the PLO is necessary to avert an imminent danger and the
threatened damage, compared to the damage that will be caused to the Private
Property Owner from such interference, is much greater, pursuant to Article 432 of the
New Civil Code.

ln such case, the Private Property Owner may demand indemnity from the PLO for the
damage caused to the former, as provided under Article 432 of the New Civil Code.

For the purposes of this section, imminent danger shall pertain to any fortuitous events
and circumstances that shall threaten or endanger the conveyance of electricity along
the power lines and its affected facilities, without regard to the causation of the said
danger.

IRR of RA L1361 (Anti-Obstruction of Power Lines Act)l Page 19 of 24


RULE VIII. ASSISTANCE FROM THE LGU, PNP AND AFP

Section 1. Assisfance from the LGU. - ln the performance of the activities under
Sections 7 and 8 of the Act, the PLO may seek the assistance of the relevant LGU
officials.

The LGU officials may render the following, among others:

a) lnform and educate their respective constituents about the policies stated
herein and the implementation of this Act and its lRRs;

b) lssue ordinances to prevent obstructions and hazardous activities within the


Power Line Corridors in their respective localities; and

c) Provide all other means to assist the PLO to properly and safely perform their
duties and mandates under this Act and its lRR, as the LGU may deem
necessary.

Section 2. lssuance of Permits by the LGU. - Pursuant to Section 14 of the Act, the
building owner who will be undertaking construction or maintenance activities
surrounding, ad,iacent with or proximate to the PLC shall give due notice to and
coordinate with the concerned PLO, at least fifteen (15) days prior to the application
for the issuance of a building permit, of the intended construction or maintenance
activity.

Within five (5) days from the receipt of the notice from the building owner, the PLO
shall communicate with the building owner whether such construction or maintenance
activity shall enter or affect the PLC. ln case the construction or maintenance activity
shall affect the PLC, the building owner shall amend its plan of activities and shall
submit to the PLO the revised plans and activities within five (5) days from the receipt
of the notice from the PLO. When it is satisfied with the revised plans and activities of
the bullding owner, the PLO shall issue a certification to the building owner that the
construction or maintenance activity will not affect the PLC, within three (3) days from
the submission of the revised plan of activities.

The building owner shall attach the certification by the PLO to its application for a
building permit before the building official of the concerned LGU. The building official
shall require this certification in the evaluation of the application prior to the issuance
of the necessary building permit, in addition to other relevant requirements and
pursuant to applicable procedures, rules and regulations.

For the purposes of this section, a building owner shall pertain to either a public or
private entity who shall undertake a construction or maintenance activity of whatever
nature and kind, and regardless of the personality of the entity's service contractor.

Section 3. Assisfance fro m the PNP and AFP. -ln the performance of the activities
under Sections 7 and 8 of the Act, the Power Line Owner/Operator may seek the
assistance of the relevant AFP and PNP units which has territorialjurisdiction over the

IRR of RA 11367 (Anti-Obstruction of Power Lines Act)l Page 20 of 24


area of concern. The AFP and/or PNP shall render such assistance, as it may deem
necessary.

Either the AFP or the PNP is proscribed to act in contradiction to the law enforcement
entity who shall assist the Power Line Owner/Operator in the conduct of the activities
under Sections 7 and 8 of the Act.

RULE IX. INFORMATION, EDUCATION AND COMMUNICATION

Section 1. lnformation, Education and Communication (IEC) Conducted by the


DOE or NEA. - The DOE, in coordination with the NEA, NPC, TRANSCO, NGCP, and
the ERC, shall conduct the major IEC campaigns to inform all PLOs and other electric
industry participants, and the public focused on the policies and implementation of the
Act and its IRR at the national and regional levels. Funding for the same shall be
requested as a special budget from the Department of Budget and Management.

Section 2. IEC Conducted by the Power Line Owner/Operator. - The PLO shall
have the duty and responsibility to inform, educate and communicate to individuals
and communities in the areas it serves the danger of existing power line obstructions,
the urgency of removing them, the manner of preventing them, and other important
information.

The PLO shall likewise conduct the necessary IEC campaign on areas where new
power lines shall be constructed, erected or substantially relocated.

RULE X. RESETTLEMENT

Section 1. Resettlement -
Pursuant to Section 1 1 of the Act, persons residing in
hazardous improvements shall be relocated in accordance with Republic Act No.
7279, otherwise known as lhe "Urban Development and Housing Act of 1992".

This is without prejudice to the options of the PLO to acquire the private property, from
where the hazardous improvement is erected, in accordance with Section 5, Rule lV
and Section 1 , Rule Vll of this lRR.

Section 2. lnitiative by the Power Line Owner/Operator. - The PLO shall initiate
the notification and coordination primarily with the concerned LGU of its plan and the
necessity to resettle the affected persons residing or is located in hazardous
improvements of its PLC, at least two (2) years from the date of the intended
resettlement, in accordance with Republic Act No. 7279 and its applicable rules and
regulations. The PLO may conduct the resettlement activity with the concerned LGU
in line with the latter's resettlement program and/or projects. ln case the LGU may not
cater lo the requested resettlement, the PLO, with the assistance and/or
representation by the concerned LGU, may directly enter into an agreement with the
NHA, in accordance with Republic Act No.7279 and its lRR, the DHSUD circulars and
issuances, and other related laws and regulations.

IRR of RA 11i61 (Anti-Obstruction of Power Lines Act)l Page 21 of 24


Section 3. Coordination with the Concerned LcU, DHSUD and the,VHA. - Until
the completion of the resettlement plan or activity, the PLO shall continue the
communication, cooperation and coordination with the DHSUD, the NHA, and the
concerned LGU, in accordance with the relevant ordinances, rules and regulations of
the DHSUD, the NHA and the concerned LGU.

Section 4. Funding. -The PLO shall bear the expenses in resettling persons residing
or located in hazardous improvements within the PLC, in accordance with Republic
Act No. 7279 and its lRR.

Section 5. Governing Rules for Reseff/ement of Persons Residing or is Located


in a Hazardous lmprovement Within the PLC. -The PLO shall observe and comply
with all the pertinent ordinances, standards, requirements, rules and regulations of the
DHSUD, the NHA, the concerned LGU and other related government agencies in the
resettlement of persons residing or is located in a hazardous improvement within the
PLC.

This Act, as well as other related laws, such as Republic Act No. 1'1032, otherwise
known as the "Ease of Doing Business Act of 2018", Republic Act No. 9485, otheMise
known as the "Anti-Red Tape Act of 2007', and Republic Act No. 11234, otherwise
known as lhe " Energy Viftual One-stop Shop (EVOSS) Acf', shall be observed by the
NHA, DHSUD, concerned LGU and other concerned government agencies in
streamlining existing government permits, clearances and approval procedures and
guidelines for the resettlement of persons residing in hazardous improvements within
the PLCs.

RULE XI. REPORTORIAL REQUIREMENTS

Section 1. Congressional Oversight. -


ln order to facilitate the supervision of the
Joint Congressional Energy Commission (JCEC) over the implementation of the Act,
the DOE shall submit an annual report to the JCEC on the status of the implementation
of this Act.

Section 2. Report to the DOE, ERC and IVEA. - The PLO shall submit an annual
report on the activities it has undertaken in implementing this Act, including its plan of
activities for the succeeding year, and its issues and concerns in the performance of
its duties and responsibilities under the Act and this IRR to the DOE, ERC, and the
NEA in case of ECs.

Section 3. Reporting to Other Agencles. - The PLO shall likewise submit a report
to the following government agencies and instrumentalities:

a) To the DENR, PCA and other related agencies, as to the trimming,


pruning, cutting, and clearing activities and other related matters within
three (3) days after it has completed these activities;

b) To the DPWH, DHSUD, NHA or the NCIP and other related agencies,
as to the removal, dismantling, and/or demolition of hazardous
improvements, as well as the resettlement of persons residing in

IRR of RA 11j61 (Anti-Obstruction oJ Power Lines Act)l Page 22 of 24


hazardous improvements within the PLC, within fifteen (15) days after it
has completed these activities; and

c) To the LGU(s), as to all PLC activities undertaken in the locality,


including coordination with locat Private Property Owners and
constituents within ten (10) days after the end of each quarter, in
accordance with the regulation to be issued by the DILG for the all LGUs'
compliance in relation with the implementation of the Act.

RULE XII. MISCELLANEOUS PROVISIONS

Section 1. Transitory provision. -


Pursuant to Section 19 of the Act, the DENR'
PCA, DPWH, NHA, DHSUD, DILG, NCIP, LGU(s) and all other relevant agencies are
highly encouraged to harmonize their respective orders, circulars, regulations'
ordinances and other relevant issuances in accordance with the Act and this lRR,
within one (1) year from the effectivity of this lRR.

Within one (1) year from the effectivity of this lRR, all relevant government agencies
shall submit to the JCEC, copy furnished the DOE, a report on the initiatives
completed, including, but not limited to, the repeal, amendment and revision of their
respective orders, circulars, guidelines, ordinances, rules, regulations and other
related issuances.

The following agencies responsible for the following affected laws are particularly
encouraged to harmonize and amend all of their issuances relative to the Act:

(a) The DENR as to the repealed provisions of Presidential Decree No.705,


as amended, otherwise known as the "Revlsed Forestry Code of the
Philippines"l

(b) The PCA as to the repealed provisions of Republic Act No. 8048' as
amended, otherwise known as the "Coconut Preservation Act of 199f; and

(c) The DHSUD and/or the NHA as to the repealed provisions of Republic Act
No. 7279, otherwise known " Urban D evelopment and Housing Act of 1992";

(d) The DILG as to the affected orders, circulars, memoranda, regulations and
other relevant issuances which the LGU(s) observe and comply in relation
to the activities mentioned in the Act and this IRR; and

(e) The LGU(s) as to the affected ordinances and other relevant issuances
related to the activities mentioned in the Act and this lRR.

Section 2. Repeating Clause. Ordinances, rules, regulations, and all other


-
issuances, inconsistent with the Act and this lRR, are hereby amended, modified or
repealed accordingly.

IRR of RA L7361 (Anti-Obstruction of Power Lines Act)l Page 23 of 24


Section 3. Separability Clause. - Should any provision in this IRR be subsequenfly
declared unconstitutional, the same shall not affect the validity or the legality of the
other provisions.

Section 4. EtYecfivity. - This IRR shall take effect fifteen (15) days from its publication
in at least two (2) newspapers of general circulation and shall remain in effect until
otherwise revoked. certified true copies of this circular shall be filed with the university
of the Philippines Law Center-Office of the National Administrative Register.

lssued in Energy Center, Bonifacio Global City, Taguig City on

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IRR of RA 11i61 (Anti-Obstruction of power Lines Act)l page 24 of 24


ANNEX A
Republic Act't1361- Anti-Obstruction of Power Lines Act
Section 5: Power Line Corridor (PLC)

This Annex discusses and illustrates the required safety clearances for overhead lines
which define the Power Line Corridor (PLC).

A. For Veqetation

ln Figures A(1), A(2), and A(3) as shown below, the PLC is bounded by points
ABCDE and F. There shall be NO tall growing plants from points C to D. The space
bounded by points A, B, E and F, shall always be clear of any part of vegetations.
Points A and F shall be extended as reference in pruning the farthest tall growing
plants that will affect the integrity and reliability of the power lines.

Figures A(4), A(5), 4(6) and A(7) show the requirements within the perimeter of the
structure/utility pole.

a< ->a7
\

sj- --J
I
1+
ltz Ylt
i/
45 45 ,l
c F3m+ t- 3m+ O

Fig ure A(1 )


a< >a
\ 7

a. - r- L -A
l\z Yrl 3m
V
45 45 L

c F_3m+ D

-3m
Figure A(2)

aRoss sEanoNAr vlEw

a<- --->a
n
\
!

l_ L -/+
l\z Ytl
V

c r...-l k-:. o

1 1
I
sts.ting
I

I I

BI
+.- 3m
-+
I I
e PrunlnSzone + + Prunin8zone +
I I

I I

I I

J t

Figure A(3)
Note (pointing to trees): Tall growing plants within the PLC shall be allowed
provided it will not affect the integrity and reliability of the power lines.

Figure A(4)

TOP VIEW

I SINGLE UTILITY POLE


t3m
I
\

The utility, for maintenance and operational purposes, shall


have the right to remove or trim/prune non tall growing plants
encroaching within three (3) meters zone from the
pole/structure at a height deemed appropriate by the utility.

Figure A(5)
TOPVIEW
H FRAME UTILITY POLE

I \
3m
\ 1l The utility, for maintenance and
3m operational purposes, shall have the
right to remove or trim/prune non tall
growing plants encroaching within
three (3) meters zone from the
pole/structure at a height deemed
appropriate by the utility.

Figure 4(6)

TOPVIEW

3m
I

3m TRANSMISSION
TOWER

1
I

The utility, for maintenance and operationalpurposes, shall have the ight to
remove or trim/prune non tall growing plants encroaching within three (3)
meters zone from the pole/structure at a height deemed appropriate by the
t ttilitv

Figure A(7)
B. For Non-Hazardous Riqid Structure

The following tables below are the PLC between Non-Hazardous Rigid Structure and
the power line conductor. The illustration of a, b, and c are shown in the figures.

Table B - PLC Clearances for Non-Hazardous Rigid Structures


0to 750 VAC Line-to-
Cleara nce of: Ground (meters)

a b c

1. Bu ild ing
a. Horizontal
(1) To walls, projections, and guarded windows 1.50
(2) To unguarded windows 1.50
{3)To balconies and areas readily accessible to pedestrians 1,50
b. Vertical
(1) Over or under roofs or projections not re!!l!y i!9q!!1!l! !9 iq destrians 7.07
(2) Over or under balconies, porches, decks, and roofs, readily accessible to 3.40
pedestria ns
(3) over roofs, ramps, decks, and loading docks accessible to vehicles but not 3.40
subject to truck traffic
(4) Over roofs, ramps, decks, and loaCing docks accessible to trucks 4.90
2. Signs, chimneys, bi lboards, radio and television antennas, flagpoles and flags,
banners, tanks, anci other insta lations not classified as building or bridges
a. Horizontal
(1) To porticns that are readily acce5slble to pedestrians 1.50
(2)To portions that are not readily accessible to pedestrians 1.0 7
b. Vertical
(1) Over or under catwalks and other surfaces upon which personnel walk 3.40

22 KVAC Line-to-Ground
(meters)
Cleara nce of
a b C

1, BuildinS
a. Horizontal
(1) To wa ls, projections, and guarded windows 2,3 0
(2) To unguarded windows 2.30
(3)To balconies and areas readily accessible to pedestrians 2.30
b. Vertical
{1) Over or under roofs or projections not readily accessible to pedestrians 3.80
(2) Over or under balconies, porches, decks, and roofs, readily accessible to 4.10
ped estria n s

(3) Over roofs, ramps, decks, and loading docks accessible to vehicles but not 4.10
subject to truck traffic
(4) over roofs, ramps, decks, and loading docks accessible to trucks 5.60
2. Signs, chimneys, billboards, radio and television antennas, flagpoles and flags,
banners, tanks, and other installations not classified as building or bridges
a. Horizonta I

(1) To portions that are readily accessible to pedestrians


(2) To portions that are not readily accessible to pedestrians 2.30
b. Vertical
(1) Over or under catwalks and other surfaces upon which personnel walk 4.10
69 KVAC Line-to-Line
Clearance of: (meters)

a b c
1. Building
a. Horizonta I

(1) To walls, projections, and guarded windows 2.48


(2) To unguarded windows 2.48
(3) To balconies and areas readily accessible to pedestrians
b. Vertical
(1) Over or under roofs or projections not readily accessible to pedestrians 3.98
(2) Over or under balconies, porches, decks, and roofs, readily accessible to 4.28
pedestrians
(3) over roofs, ramps, decks, and loading docks accessible to vehicles but not 4.28
subiect to truck traffic
{4) Over roofs, ramps, decks, and loading docks accessible to trucks 5.78
2. Signs, chimneys, billboards, radio and television antennas, flagpoles and flags,
banners, tanks, and other installations not classified as building or bridges
a. Horizonta I

(1) To portions that are readily accessible to pedestrians 2,48


(2) To portions that are not readi y accessible to pedestrians 2.48
b. Vertical
(1) over or under catwalks and other surfaces upon which personnel walk 4.28

115 KVAC Linelo-Line


(meters)
Clearance of:
a b C

1. Building
a. H orizonta
(1)To walls, projections, and guarded windows 2.78
(2) To unguarded windows 2.78
(3) To balconies and areas readily accessible to pedestrlans 2.78
b. Vertical
(1) Over or under roofs or projections not readily accessible to peCestrians 4.28
(2) over or under balconies, porches, decks, and roofs, readily accessible to 4.5 8
pedestrians
(3) Over roofs, ramps, decks, and loading docks accessible to vehicles but not 4.5 8
sub.iect to truck traffic
(4) Over roofs, ramps, decks, and loading docks accessible to trucks 6.O8
2. Signs, chimneys, billboards, radio and television antennas, flagpoles and flags,
banners, tanks, and other installations not classified as building or bridges
a. Horizonta I

(1) To portions that are readily accessible to pedestrians 2.78


(2) To portions that are not readily accessible to pedestrians 2.78
b. Vertical
(1) Over or under catwalks and other surfaces upon which personnel walk 4.58
138 KVAC Line-to-Line
Clearance of: (meters)

a b c
1. Building
a. Horizontal
(1) To walls, projections, and guarded windows 2.92
(2) To u nguarded windows 2.92
(3)To balconies and areas readily accessible to pedestrians 7.92
b. Vertical
(1) Over or under roofs or projections not readily accessible to pedestrians 4.42
(2) Over or under balconies, porches, decks, and roofs, readily accessible to 4.72
pedestrians
(3) Over roofs, ramps, decks, and loading docks accessible to vehicles but not 4.72
subject to truck traffic
(4) Over roofs, ramps, decks, and loading docks accessible to trucks 6.22
2, Signs, chimneys, billboards, radio and television antennas, flagpoles and flags,
banners, tanks, and other installations not classified as building or bridges
a- Horizontal
(1) To portions that are readily accessible to pedestrians 2.92
ttl
(2) To portions that are not readily accessible to pedestrians 2.92
b. Vertica I

(1) Over or under catwalks and other surfaces upon which personnel walk 4.72

230 KVAC Line-to-Line


Clearance of: (meters)

a b c
1, Bu ilding
a. Horizonta I

(1) To walls, proiections, and guarded windows 3.49


2
{2) To unguarded windows
/l!O

(3)To balconies and areas readily accessible to pedestrians a Ad


b. Vertical
(1) Over or under roofs or projections not readily accessible to pedestrians 4.99
(2) Over or under balconies, porches, decks, and roofs, readily accessible to 5.29
pedestrians
(3) Over roofs, ramps, decks, and loading docks accessible to vehicles but not 5.29
subject to truck traffic
(4) Over roofs, ramps, decks, and loading docks accessible to trucks 6.79
2, Signs, chimneys, billboards, radio and television antennas, flagpoles and flags,
banners, tanks, and other installations not classified as building or bridges
a. Horizonta I
(1) To portions that are readily accessible to pedestrians 3.49
(2) To portions that are not readily accessible to pedestrians 3,49
b. Vertical
(1) Over or under catwalks and other surfaces upon which personnel walk 5.29
500 KVAC Line-to-Line
Clearance of: (meters)

a b c
1, Building
a. Horizontal
(1) To walls, projections, and guarded windows 5,26
(2) To unguarded windows 5.26
(3) To balconies and areas readily accessible to pedestrians 5.26
b. Vertical
(1) Over or under roofs or projections not readily accessible to pedestrians 6.75
(2) Over or under balconies, porches, decks, and roofs, readily accessible to 7.05
pedestrians
(3) Over roofs, ramps, decks, and loading docks accessible to vehicles but not 7.06
subject to truck traffic
(4) Over roo{s, ramps, decks, and loading docks accessible to trucks 8.55
2. Signs, chimneys, billboards, radio and television antennas, flagpoles and flags,
banners, tanks, and other installations not classified as building or bridges
a. Horizontal
(1) To portions that are readily accessible to pedestrians 5.25
(2) To portions that are not readily accessible to pedestrians 5.26
b. Vertical
(1) Over or under catwalks and other surfaces upon which personnel walk 7 .06

350 KVDC Line-tG


Clearance of: Ground (meters)

a b c
1, Building
a. Horizontal
(1) To walls, projections, and guarded windows 5.58
(2) To unguarded windows 5.58
(3) To balconies and areas readily accessible to pedestrians 5,58
b. Vertical
(1) Over or under roofs or projections not readily accessible to pedestrians 7.08
(2) Over or under balconies, porches, decks, and roofs, readily accesgible to 7.38
pedestrians
(3) Over roofs, ramps, decks, and loading docks accessible to vehicles but not 7 .38
subiect to truck traffic
(4) Over roofs, ramps, decks, and loading docks accessible to trucks 8.88
2. Signs, chimneys, billboards, radio and television antennas, flagpoles and flags,
banners, tanks, and other lnstallations not classified as building or bridges
a. Horizontal
(1) To portions that are readily accessible to pedestrians 5.58
(2) To portions that are not readily accessible to pedestrians
b. Vertica I

(1) Over or under catwalks and other surfaces upon which personnel walk
5.58
--H 7.38
Clearances between the Non-Hazardous Rigid Structure and the power line
conductors
Projections
(Ex. TV Antennal

Conductor
Gu a rded
window
wall
\
a
-a a
-
E
Iillililliltl ill 11ililililil1il1 Ground

Fiqure 1a(1) To walls, proiections, and quarded windows

Ungu arded r,, indotfl

Conductor

Grou nd

Figure 1a(2) To unguarded windows


Balcony, accessible to ped€strian

I
a

Ground

Figure 1a(3) To balconies and areas readily accessible to pedestrians

'I

Conductor under roof

Ground

J
Cooductor o/er proiection not accessibk to
pedestrian
Corductor o\rer roof, not accessible to
pedestrian

b Projections
Roof
(Ex. w Antenna)
b J

Ground Ground

Figure 1b(1) Over or under roofs or projections not readily accessible to pedestrians

Condudor over balconies, porches,


decks, and rooft readily ac(essible
to pedestrian

Ground

J
Figure 1b(2) Over or under balconies, porches, decks, and roofs, readily accessible to pedestrian
condudor 6Er rool, d.ds a(.Bibl. roEhd.s

Condu<tot M. 6mp3 ...asibl. ro chirlai

:
I::::::l

J -:l J

Figure '1b(3) Over roofs, ramps, decks, and loading docks accessible to vehicles but not
subject to truck traffic

Condu.tor oEr.@r, d..rc....!3ibt. tovstt


Condo(tor ocr 6mps .c.sibl. io ruds

:
:

Figure 1b(4) Over roofs, ramps, decks, and loading docks accessible to trucks

J iLE[rmiEi
J L__-

m
J J
Fl.g polc,
Flae/Banner

I J

Climbing step

1 ]! 8....r |I
Balcony (

Ground Glound

J J

Figure 2a(1) To portions that are readily accessible to pedestrians

E ll tu Ill

I I E[1 E
EE n
ttrE E
IMEII T
IMH J
flililmmmilI
I
[ilililffiilililr Tank

I
Flag pole, Flag/Banner

a EE
Ground ilililil1ilililililililililililfl G round

J J
Figure 2a(1)To portions that are not readily accessible to pedestrians
Conducor over
cltwalk

E E C EEEE
EEEE =-:! t!:aJtlltlt!:tilu lilllll1f, lrilllt EEEE
EEE EEEE
EEE E EEEE
EEEE Ground
EEE
J

E EET rr
E] EEE lll[l,ti:t lmt:tislll lfi[n ruai! t EEEE
EE E E EEE
c

E r r Conducor unc,er
catwalk
E E
EE E Ground
EEEE
J

Figure 2b(1) Over or under catwalks and other surfaces upon which personnel walks

All other clearances, dimensions and specifications not enumerated or illustrated


herein shall be referred to the latest version of the Philippine Electrical Code.
ANNEX B

Format of Notice for the Trimming, Pruning, Cutting or Clearing Activities


lnside the PLC

(Letter Head/Name of Power Line Operator)

NOTICE
TO: DENRJPCA and LGU and other concerned government agencies
FOR : Cutting/Pruningffrimm ing of Tall Growing Plants/Coconut Tree/s

Name of PLC and Location :


No. of Tall Growing Plants/Coconut Trees Affected
Schedule of Activity:
Estimated Board Feet of Recoverable Lumber
Name(s) and Estimated Quantity of Timber or Forest Products
Name(s) of Private Persons Farmer/s Affected :
Name(s) of Service Contractor", if any :
Name(s) of Consignee Lumberyard'* and Address

Attachmentsl

Name of Receiving Personnel:


Receiving Office
Date and Time Received

'SeNice Contractor may refer to chainsaw operator, lumber dealer and/or lumberyard operator.
"May likewise pertain to the consignee lumber dealer or any person contracted to or intended by
the PLO to receive the timber, forest products and/or coconut lumber as a product of the activities
mentioned in this notice.

The conduct ot these activities without this Notice submitted to the relevanl govemment agency in actordance
with Republic Acl No. 11361 and its IRR shall be deemed illegal and a violation of relevant laws, rules and
INVENTORY OF TIMBER, FOREST PRODUCTS AND/OR COCONUT LU MBER

Area of PLC:
Total Number of Timber, Forest Products or Coconut Lumbers:

No. Location Type Name Activity Undertaken


1 i.e. Pole 1 (or any other i.e. Timber, Coconut i.e. Coconut Tree Cutting
designation by the PLO in Lumber, Other Forest
order to asceftain the exact Products
location)
2 i. e. Acacia Tree Trimming
J
ANNEX C

Format of Notice for the Removal, Dismantling or Demolition Activities of hazardous


lmprovements lnside the PLC

(Letter Head/Name of Power Line Operator)

NOTICE
TO: DPWH/DHSUD and the concerned LGU and other relevant agencies
FOR : RemovaliDismantling/Demolition of Hazardous lmprovements

Name of PLC and Location


No. of Structures/ Buildings/lmprovements Affected
Schedule of Activity
Estimated Total Area Affected:
Estimaled Quantity of Potential Debris:
Name(s) of Private Property Owner/s Affected :
Name(s) of Service Contractor, if any
Esti mated number of workers and equipment to be used:
Estimated number of days to complete the removal, dismantling or demolition activity
within the PLC:
Attachments:

Name of Receiving Personnel:


Receiving Office:
Date and Time Received:

The conduct of these activities without fhls Nolice submitted to the rele vant go vernment a9ency accotdance with
Act 1 1 36 1 and ls RR shall be deemed and a violation of relevant rules and

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