DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Republic of the Philippines. DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City wwwidia.gov.ch MEMORANDUM CIRCULAR No. 2022- TO SUBJECT DATE ALL GOVERNORS, CITY MAYORS, MUNICIPAL MAYORS, PUNONG BARANGAYS, AND MEMBERS OF LOCAL SANGGUNIANS ALL DILG REGIONAL DIRECTORS AND THE BARMM MINISTER OF THE INTERIOR AND LOCAL GOVERNMENT THE CHIEF, PHILIPPINE NATIONAL POLICE AND ALL PNP OPERATING UNITS ALL OTHERS CONCERNED IMPLEMENTATION AND ENFORCEMENT BY LOCAL GOVERNMENT UNITS OF REPUBLIC ACT NO. 11361 OR THE ANTI-OBSTRUCTION OF POWER LINES ACT MAR 28 2022 1. Background 14 12 1.3. On August 8, 2019, President Rodrigo Roa Duterte signed into law Republic Act 11361, otherwise known as the “Anti-Obstruction of Power Lines Act” (AOPLA). On February 6, 2020, the Department of Energy (DOE) issued Department Circular No. DC2020-02-0002, providing for the Implementing Rules and Regulations (IRR) of the AOPLA. The primary purpose of the AOPLA is to ensure the uninterrupted conveyance of electricity from the generating plants to the end-users, and to 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, Rule XI, Section 3(c) of the AOPLA IRR provides that the Department of the Interior and Local Government shall issue guidelines and regulations, for all LGUs in relation to the implementation of the AOPLA. ““Matino, Mahusay at Maasahan.”” Trunkline No. (02) 8876 345414, Meanwhile, power line operators (PLOs) may seek assistance from local government units (LGUs), the Philippine National Police (PNP), or the Armed Forces of the Philippines (AFP) in the performance of their duties under the AOPLA, as provided under Section 9 of the AOPLA. 2. Purpose 24 The primary purpose of this Memorandum Circular is to provide the guidelines and procedures to be followed by all concerned LGUs in the implementation of its duties and responsibilities under the AOPLA. 3. Definition of Terms 3.1 3.2. 3.3, 3.4, 3.5. 3.6. 37, AOPLA refers to Republic Act No. 11361 or the Anti-Obstruction of Power Lines Act, enacted on August 8, 2019. AOPLA IRR refers to DOE Department Circular No. DC2020-02-0002 Building official refers to the city/municipal engineer or his/her equivalent, appointed in every city or municipality, as provided in Title V, Article VII of The Local Government Code of 1991 Hazardous activities refer to burning of waste and other materials, excavation, quarrying, construction, and other activities of the same nature and character, which are performed partially or wholly inside the power line corridor which threaten or endanger the continuous and uninterrupted conveyance of electricity. Hazardous improvements refer to structures, buildings, and improvements of whatever kind, whether temporary or permanent in character and regardless of the 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. PLO Certification refers to the document issued by the power line operator to building owners certifying that the latter's construction or maintenance activity does not affect the power line corridor. The PLO Certification shall likewise be required by the building official prior to the issuance of a building permit to the building owner, pursuant to Section 2, Rule VIII of the AOPLA IRR. Power line corridor or PLC, as defined in Section 5 of the AOPLA, refers to the land beneath, the air spaces surrounding, and the area traversed by power lines including its horizontal, vertical, and similar clearance requirements, which shall at all times be kept clear and free from any power line obstructions, dangerous structures, hazardous activities and improvements, and other similar circumstances. Page 2 of 83.8. Power line operator or PLO refers to generation companies, the transmission owner and its concessionaire, distribution utilities, other distribution entities, and entities which have ownership or responsibility for the operation and maintenance of power lines. 3.9. Tall growing plants 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. 4. Policy Content and Guidelines 4.1. Building Permit Requirements 4.1.1. Pursuant to Section 14 of the AOPLA, building officials of LGUs must require the building owner who will be undertaking Construction or maintenance activities surrounding, adjacent, or Proximate to the power line corridor (PLC) to give due notice to and coordinate with the concerned owner or operator of the power lines prior to the issuance of a building permit. In connection to the above, building officials shall require building owners to secure a Certification from the PLO or its authorized contractor (PLO Certification”) stating that the construction or maintenance activity will not affect the power line corridor. 41.2.1, 4.1.2.2. 4.1.2.3. The PLO Certification, issued by the PLO or its authorized contractor in accordance with the attached template (Annex “A’), shall be accepted and received by building officials as part of building owner's application for a building permit In securing the PLO Certification, the building owner Shalll be required by the PLO to submit the following: 4.1.2.2.1. Location sketch/vicinity map; 4.1.2.2.2. Picture of structure and nearby facilities of the PLO; 4.1.2.2.3. Site Development Plan and Section Elevation of Site Development Plan with dimensions and incorporating facilities of the PLO with clearances; and 4.1.2.2.4. All other documents deemed necessary by the PLO. The PLO Certification, with all its attachments, shall be ‘submitted to the building official, and shall constitute as Page 3of842. proof of the building owner's compliance with the clearance requirements under the AOPLA. 4.1.2.4. Without this PLO Certification, building officials shall not issue the building permit to the above-mentioned building owners. 4.1.3. Should the PLO choose to authorize a contractor to issue the PLO Ceettfication on its behalf, the LGU shall require the PLO to submit an Undertaking which states that: (a) it shall be authorizing a contractor to perform its obligation under the AOPLA in relation to the issuance of the PLO Certification; (b) it shall be accountable and liable for all the acts of its authorized contractor performed within the scope of the contractor's authority; and that (c) its contractor shall comply with all the standards, procedures, and requirements in accordance with the law and regulations on the issuance of the PLO Certification. 4.1.3.1. The aforementioned Undertaking shall be signed by the unit/branch/local head of the PLO and submitted to the LGU, through the building official, copy furnished the DILG Regional Office concemed. 4.1.4, The building official shall institute a mechanism (e.g., requiring a control number and a dry seal stamp) to ensure that the PLO Certification is not fraudulent. 4.1.5. The building official shall suspend or revoke the building permit issued after due notice, if, upon investigation, it was determined that the PLO Certification submitted by a building owner was fraudulently obtained. 4.1.8. Itis the responsibility of the LGU to integrate the PLO Certification requirement in its local building code and building permit rules and systems, in addition to other relevant requirements pursuant to applicable procedures, rules, and regulations. Notice and Reportorial Requirements for Activities by the PLOs 4.2.1. Pursuant to Section 7 of the AOPLA, PLOs may conduct trimming, pruning, cutting or clearing activities of tall growing plants within the power line corridor (PLC), as well as the removal, dismantling, or demolition of hazardous improvements, prior clearance or permit from the concerned LGU, provided that due notice in accordance with the attached template (Annex “B’) is given. The said Notice may be submitted to the concerned city or municipality either through hard copy or online submission 4.2.1.1. For trimming, pruning, cutting, or clearing of tall growing plants, the aforementioned Notice shall also Page 4 of 84.2.2 4.2.3. 424. be submitted to the Department of the Environment and Natural Resources (DENR). In case the trees to be trimmed, pruned, cut, or cleared are coconut trees, the Notice shall also be submitted to the Philippine Coconut Authority (PCA). 4.2.1.2, The authority of the PLO to remove, dismantle, or demolish hazardous improvements affecting the PLC without prior clearance or permit from the LGU shall be without prejudice to the processes to be undertaken Prior to the conduct of eviction or demolition activities affecting the underprivileged and homeless citizens, as provided under Section 28 of Republic Act No. 7279 or the Urban Development and Housing Act of 1992. LGUs shall likewise exempt the PLO from the following permits and their attached fees, prior to the conduct of trimming, pruning, cutting, or clearing activities for tall growing plants within the PLC: 4.2.2.1. Tree cutting permit, special tree cutting permit, and trimming/pruning permit; 42.2.2. Transport permit; 42.2.3. Certificate of registration for chainsaw, in case it is ‘owned by the PLO; and 4.2.2.4. All other permits required by the LGU for trimming, pruning, cutting, or clearing activities and other matters incidental to these activities. The concerned city or municipality shall be notified by the PLO at least three (3) days prior to the conduct of trimming, pruning, cutting or clearing activities of tall growing plants located within or is intruding in the PLC. 4.2.3.1. In cases of emergency, imminent danger or other analogous circumstances, the PLO shall submit the necessary Notice at least one (1) day prior to the conduct of any of these activities, unless prevented by circumstances beyond its control. In such cases, the PLO shall submit the required Notice as soon as practicable, along with an explanation of the circumstances which rendered it incapable of complying with the one-day requirement. Upon receipt of the Notice, the concerned city or municipality may send representatives to monitor the conduct of activities mentioned above but shall not, directly or indirectly, interfere, intervene, or interrupt the conduct of trimming, pruning, cutting or Page Sof 84.25. 4.2.6. 4.27. 4.3.1. clearing activities within the power line corridor. Nonetheless, the absence of representative from the city or municipality shall not prevent the PLO in the conduct of these activities, provided that the notice requirements and procedures in the AOPLA IRR and this Memorandum Circular are properly complied with LGUs may also render assistance to the PLO, such as in the regulation of flow of vehicular and pedestrian traffic, assistance in ‘communication with the private property owner in case of refusal, and other forms of assistance as it may deem necessary, in the PLO's conduct of the above-mentioned activities. Pursuant to Rule IX of the AOPLA IRR, LGUs shall require PLOs to submit, through hardcopy or online submission, a quarterly Accomplishment Report based on the attached template (Annex *C") on PLC activities they undertook. 4.2.6.1. tis the responsibility of the PLO to coordinate with the LGU concerned regarding the proper submission mechanism (e.g., through a designated LGU official/coordinator or to a specified email address) to ensure that the notices and reports are submitted and received. The disposal of timber, forest products, and coconut lumber which resulted from the conduct of trimming, pruning or cutting of tall growing plants under the AOPLA, shall be disposed of or handed over by the PLO to the relevant government agency, in accordance with applicable ordinances, rules and regulations. In addition to their responsibilities provided in the foregoing, LGUs ‘shall also: 4.3.1.1. Inform and educate their respective constituents, including property owners and homeowner's associations, about the AOPLA and the policies stated in its IRR and this Memorandum Circular; 4.3.1.2. Issue ordinances to prevent obstructions and hazardous activities within the power line corridors in their respective localities; and 4.3.1.3, Provide all other means to assist the PLO to properly and safely perform their duties and mandates under the AOPLA, its IRR, and this Memorandum Circular, as the LGU may deem necessary. Page 6 of 844, 45. 4.3.2. Compliance of the LGUs with responsibilities provided herein shall be monitored by this Department, guidelines of which shall be provided in a subsequent issuance. Responsibilities of the Philippine National Police 4.4.1. Concerned local units of the Philippine National Police (PNP) shall render the necessary assistance to the PLO in the performance of the latter’s activities as described in Item 4.2. hereof. 4.4.2. Pursuant to Rule Vill of the AOPLA IRR, the PNP is also proscribed to actin contradiction to other law enforcement entities assisting the PLO in the conduct of the aforementioned activities. Violations, Penalties, and Liabilities 4.5.1. LGUs shall not perform any unlawful acts enumerated under Section 6 of the AOPLA: 45.1.1. Plant or cause to be planted tall growing plants, including plants of whatever kind, variety, or height, within the power line corridor; 4.5.1.2. Conduct or perform any hazardous activities, or construct or erect any hazardous improvements within the power line corridor; 4.5.1.3. Prevent or refuse duly authorized agents of the owner or operator of power lines, entry to the property in the performance of acts enumerated under Section 7 of the AOPLA, provided that entry is in accordance with the provisions of Section 8 of the same law; 4.5.1.4. Perform other analogous acts or activities, which will impair the conveyance of electricity and cause damage to power lines. 4.5.2. The building official who issued a building permit in violation of Section 14 of the AOPLA shall be meted a penalty one (1) degree higher than the penalty provided therein and shall suffer the penalty of dismissal, under Section 15 of the same law. 4.5.3. The penalties provided under AOPLA shall be without prejudice to disciplinary proceedings which may be instituted by this Department against grossly negligent LGU officials, pursuant to Section 60 of The Local Government Code of 1991 5. Separability Clause Page 7 of 85.1. If any section or part of this Memorandum Circular is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect. 6. Repealing Clause 6.1. _Allprevious issuances inconsistent with or contrary to this Memorandum Circular are hereby repealed or modified accordingly. 7. Effectivity This Memorandum Circular shall take effect immediately. All DILG Regional Directors and the BARMM Minister of the Interior and Local Government shall cause the immediate and widest dissemination of this Memorandum Circular within their areas of jurisdiction. 8. Approving Authority JARDO MW ANO Secretary OASSCLGS-2022-03-04-001 OSEC/OUSPS/OASSCLGS/OLP/iam Page 8 of 8ANNEX “A” [Logo of PLO/Contractor] CERTIFICATION This is to certify that upon visual survey and inspection on [date of inspection], review of the submitted plans and activity (attached as Annex “A’), and our assessment of our existing facilities at [address] on the property owned by [name of property owner], the following activity/ies: [] Construction and other acti construction ies reasonably necessary for the conduct of [] Maintenance activity [] Others: does not appear to affect the power line corridor stated in Republic Act 11361 or the “Anti-Obstructions of Power Lines Act’. This Certification is based only on our inspection of the site as of [inspection date] and the submitted documents of the above-named property owner and shalll be valid only insofar as the property owner or his/her contractor continues to comply with the standards and requirements under the above-mentioned laws. For any changes that may happen in the design plan and activity, please inform us so that we can re-assess the compliance to the standards required by the law. This Certification is being issued upon the request of the above-named applicant as part of the requirements imposed by the local government unit of |] 5. Reference No. Bensapsapsaeap3304ANNEX “A” [Logo of PLO/Contractor] CERTIFICATION This is to certify that upon review of the submitted plans and activity (attached as Annex “A”), and our assessment of our existing facilities at [Address] on the property owned by [name 6f property owner], the following activity/ies: [ ] Construction and other activities reasonably necessary for the conduct of construction [] Maintenance activity [] Others: does not appear to affect the power line corridor stated in Republic Act 11361 or the “Anti-Obstruction of Power Lines Act”. This Certification is based only on the submitted documents of the above-named property owner and shall be valid only insofar as the property owner or his/her contractor continues to comply with the standards and requirements under the above- mentioned laws. For any changes that may happen in the design plan and activity, please inform us so that we can re-assess the compliance to the standards required by the law. This Certification is being issued upon the request of the above-named applicant as part of the requirements imposed by the local government unit of J.ANNEX "B" - NOTICE ‘TO: DENRIPCA and LGU and other concomned government agen FOR: CuttinPruning/Trimming of Tall Growing Plans/Coconut Treas sry accompls ond submit together nth the Novice fom ofr el tl rowing Hes (DEN LGU nd other concerned govt agence), for coconut eon ta , tocaon nt fata | tent | na rt] ano ee ‘rom |"Acoro”| sacri | Finer orrenat | Pnaramers | Smear “See Contact my fers par, ber da arya aa. ares) of Cosignee Lunera end rest ay ant arta de carson ea ese caro ada PLO reco he ibe ret adits an coer aror ss rst fe ates metone nea. ‘Te cont hose shave moet a Het udder goverment aan scadoee wh Repu aN 136% ands RR aka dees og ond coal, es nd een yay be et at, predANNEX “C" - ACCOMPLISHMENT Quarter No.___Year. TO: DENRIPCA and LGU and other concerned government agencies FOR: Cutting/Pruning/Trimming of Tall Growing Plants/Coconut Tree! Ta Coconut Coordination Name ot puc | Sre™i"G | “Trees | count of | actives with (Cireuiys |Tt08 ‘Trees |property owners / ‘Activity eal eee Date Scheduled | Date Completed TTT eatery oc nn Cootionts Attachments Name of Receiving Personne! Receiving Office: Date and Time Received: