MEMORANDUM CIRCULAR 2022-036

AUGUST 28, 2024

Implementation and Enforcement by

JOB Y BESANA HALL, AKELCO MAIN OFFICE, POBLACION, LEZO, AKLAN

LGUs of RA 11361

BACKGROUND

RA 11361

On August 8, 2019, President Rodrigo Roa Duterte signed into law RA 11361 otherwise known as the “Anti-Obstruction of Power Lines Act.”

DEPT. CIRCULAR No. DC2020-02-0002

On February 6, 2020, the Department of Energy (DOE) issued Department Circular No. DC2020-02-0002, providing for the IRR of the AOPLA.

MC 2022-036

On March 28, 2022, the Department of the Interior and Local Government issued MC 2022-036 for the implementation and Enforcement by LGUs on RA 11361

RA 11361

On August 8, 2019, President Rodrigo Roa Duterte signed into law RA 11361 otherwise known as the “Anti-Obstruction of Power Lines Act.”

To ensure uninterrupted conveyance of electricity from generating plants to end users

DEPT. CIRCULAR No. DC2020-02-0002

On February 6, 2020, the Department of Energy (DOE) issued Department Circular No. DC2020-02-0002, providing for the IRR of the AOPLA.

Outlining the responsibilities of owner or operator of power lines in the prevention and removal of power line obstructions.

MC 2022-036

On March 28, 2022, the Department of the Interior and Local Government issued MC 2022-036 for the implementation and Enforcement by LGUs on RA 11361

RULE XI, Section 3 of the AOPLA IRR

DEPT. CIRCULAR No. DC2020-02-0002

BACKGROUND

RA 11361

On August 8, 2019, President Rodrigo Roa Duterte signed into law RA 11361 otherwise known as the “Anti-Obstruction of Power Lines Act.”

DEPT. CIRCULAR No. DC2020-02-0002

On February 6, 2020, the Department of Energy (DOE) issued Department Circular No. DC2020-02-0002, providing for the IRR of the AOPLA.

MC 2022-036

On March 28, 2022, the Department of the Interior and Local Government issued MC 2022-036 for the implementation and Enforcement by LGUs on RA 11361

PURPOSE OF THIS MEMORANDUM CIRCULAR

To provide guidelines and procedures to be followed by all concerned LGUs in the implementation of its duties and responsibilities under AOPLA.

DEFINITION OF TERMS

BUILDING OFFICIAL

City/Municipal Engineer or his/her equivalent, appointed in every city/municipality

HAZARDOUS ACTIVITIES

Burning of waste and other materials, excavation, construction and other activities which are performed partially or wholly inside the PLC which threaten or endanger the continuous and interrupted conveyance of electricity

HAZARDOUS IMPROVEMENTS

Structures, buildings, and improvements of whatever kind, whether kind, whether temporary or permanent, which are located partially or wholly inside the power line corridor.

PLO CERTIFICATION

Document issued by the power line operator to building owners certifying that the latter’s construction or maintenance activity does not affect power line corridor

POWER LINE OPERATOR

Generation companies, the transmission owner and its concessionaire, distribution utilities, other distribution entities, and entities which have ownership or responsibility.

TALL GROWING PLANTS

Plants, vines, and other plant species, which grow or have the potential to grow more than three (3) meters in height from the ground

DEFINITION OF TERMS

POWER LINE CORRIDOR

land beneath, the air spaces surrounding, which shall at all times be kept clear and free from power line obstructions, dangerous structures, hazardous activities and improvements

DEFINITION OF TERMS

BUILDING OFFICIALS OF LGUs

POWER LINE OPERATOR

BUILDING OWNER

PLO CERTIFICATION

Building Permit Requirements

LOCATION SKETCH/VICINITY MAP

PICTURE OF STRUCTURE AND NEARBY FACILITIES OF THE PLO

SITE DEVELOPMENT PLAN AND SECTION ELEVATION OF SDP

OTHER DOCUMENTS DEEMED NECESSARY BY THE PLO

BUILDING OFFICIALS OF LGUs

PLO CERTIFICATION

authorizing a contractor to perform its obligations under AOPLA.

it shall be accountable and liable for all the acts of its authorized contractor performed within the scope of the contractor’s authority

its contractor shall comply with all the standards, procedures, and requirements .

PLO CONTRACTOR

PLO TO SUBMIT AN UNDERTAKING WHICH STATES THAT:

The building official shall institute a mechanism to ensure that the PLO Certification is not fraudulent

The building official shall suspend or revoke the building permit issued after due notice.

Its the responsibility of the LGU to integrate the PLO certification requirement in its building code and building permit rules and system.

PLO CERTIFICATION

NOTICE OR REPORTORIAL REQUIREMENTS FOR ACTIVITIES BY THE PLOs

4.2.1 PLOs may conduct trimming, pruning, cutting or clearing activities of tall growing plants within the PLC, as well as the removal, dismantling, or demolition of hazardous improvements, without prior clearance or permit from the concerned LGU, provided that due notice in accordance with the attached template (Annex “B”) is given.

4.2.2 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:

Tree cutting permit, special tree cutting permit, and trimming/

pruning permit

All other permits required by the LGU

Transport Permit

Certificate of Registration for chainsaw, in case it is owned by the PLO

send representative

abscence of representative

The concerned city/municipality shall be notified by the PLO at least 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

In case 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 these activities.

SUBMISSION OF NOTICE

render assistance

regulation of flow of vehicular and pedestrian traffic

assistance in communication with the property owner in case of refusal

other forms of assistance

PLOs shall submit, through hardcopy or online submission, a quarterly Accomplishment Report

TIMBER

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FOREST PRODUCTS

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COCONUT LUMBER

shall be disposed or handed over to

relevant government agency

OTHER RESPONSIBILITIES OF THE LGU

INFORM AND EDUCATE

ISSUE ORDINANCES

PROVIDE ALL OTHER MEANS

VIOLATIONS, PENALTIES, AND LIABILITIES

Plant or cause to be planted tall growing plants

Contruct or perform any hazardous activities, or construct or erect any hazardous improvements

Prevent or refuse duly authorized agents of the owner or operator of power lines, entry to the property in the performance of the acts

Perform other analogous acts or activities

4.5.1 LGUs shall not perform any unlawful acts enumerated under Section 6 of the AOPLA

VIOLATIONS, PENALTIES, AND LIABILITIES

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 AOPLA.

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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.

THANK YOU !