The Department of Public Works and Highways (DPWH) will run afoul of Republic Act 11361, or the “Anti-Obstruction of Power Lines Act,” should it proceed with the construction of the first phase of the P300 million multi-purpose gymnasium on Catanduanes State University property.
An informed source informed the Tribune that the DPWH regional office, allegedly upon the instruction of Congressman Eulogio Rodriguez, has decided to construct the gymnasium at a lot beside the provincial road in barangay Calatagan Tibang just in front of the St. John the Baptist Seminary compound.
A university official as well as DPWH engineers admitted that the roof of the facility would obstruct the high-voltage transmission lines of the National Power Corporation that traverses across one corner of the lot.
An initial funding of P100 million has been allotted by the Ako Bicol Partylist through Rep. Elizaldy Co, who is also the House Appropriations Committee chairman, for the multi-purpose building which is officially named as “Training and Instructional Facility/Meetings, Incentives, Conferences for Education, Sports Building (MICES) and Primary Health Center.”
A few months ago, representatives of the construction company that won the contract visited the first site, located deep inside the sprawling CatSU campus and erected a perimeter fence around the area.
However, the DPWH was informed that the construction would encroach on at least two lots with adverse claims filed by private landowners with the Municipal Assessor’s Office.
Cong. Rodriguez then proposed that to allow better access for the public, the facility should be built on an identified lot along the Tibang provincial road.
This site, however, was rejected by DPWH engineers due to the presence of the Napocor transmission lines over the 1.2-hectare lot.
The provincial government stepped in and reportedly offered as an alternative part of its vacant lot in Eastern Cavinitan that was exchanged with the municipal government of Virac for its part of the proposed Sto. Domingo resettlement project.
During an inspection that reportedly included Governor Joseph Cua, representatives of both the contractor and DPWH reportedly pronounced the Cavinitan site as “ideal” for the project.
Last week, however, the provincial government was informed by the construction company that it would start work on the first phase of the project soon or within the next two weeks.
The contractor’s engineer allegedly claimed that the DPWH has agreed to build the facility’s foundation on the Calatagan Tibang site pending an official request to be made with Napocor for the relocation of its transmission lines.
An official of the Virac LGU told the Tribune that it would not issue the required building permits to the DPWH regional office for the MICES facility construction as it would violate the provision of RA 11361.
“We run the risk of being sued by any constituent should we condone the DPWH’s construction activity within the immediate vicinity of the Napocor power lines,” he said.
Enacted in 2019, RA 11361 ensures the continuous and uninterrupted transmission and distribution of electricity and the protection of the integrity and reliability of power lines by keeping the so-called Power Lone Corridor (PLC) clear and free from obstructions, dangerous structures, hazardous activities and improvements and similar circumstances.
The Implementing Rules and Regulations issued by the Department of Energy (DOE) defines the PLC as the land beneath, the air spaces surrounding, and the area traversed by power lines.
Pursuant to Section 6 of the Act, it is prohibited within the PLC to plant or cause to be planted tall growing plants of whatever kind, variety or height; construct or erect any hazardous improvements; conduct or perform any hazardous activities; and prevent or refuse duly authorized agents of the Power Line Owner/Operator entry to the property in the performance of its responsibilities under the law.
For “non-hazardous rigid structures” such as buildings, the IRR sets 3.80 meters as the minimum vertical distance between the power line and the highest part of the structure, and 2.30 meters as the minimum horizontal distance between the power line and outermost part of the structure.
Those found guilty of violating the provisions of the law will be meted the penalty of arresto mayor or a fine of P50,000.00 or both at the discretion of the Court, for the first offense, with the penalty of imprisonment and the fine increasing for subsequent violations.
The local building official who issued a building permit in violation of Sec. 14 of the Act shall be meted a penalty of one degree higher and shall suffer the penalty of dismissal.
It is likewise among the main responsibility of the power line operator to remove any obstruction within the Power Line Corridor that undermines the security, reliability and quality of its power lines.
The same law also grants NPC the obligation to 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 National Housing Authority (NHA) or the Department of Human Settlements and Urban Development (DSHUD), and the concerned LGU.
On its own, the power firm can stop, prevent or prohibit the conduct of hazardous activities, including the construction of buildings and other structures within the PLC.
Sec. 14 of the same Act also mandates the building owner who will be undertaking construction or maintenance activities surrounding, adjacent with or proximate to the PLC to give due notice to and coordinate with the concerned Power Line Owner/Operator, 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 Power Line Owner/Operator shall communicate with the building owner whether such construction or maintenance activity shall enter or affect the PLC. In case the construction or maintenance activity shall affect the PLC, the building owner shall amend its plan of activities and shall submit to the Power Line Owner/Operator the revised plans and activities within five (5) days from the receipt of the notice from the Power Line Owner/Operator. When it is satisfied with the revised plans and activities of the building owner, the Power Line Owner/Operator 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 Power Line Owner/Operator to its application for a building permit before the building official of the concerned LGU. The building official shall include 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.