Prohibiting the Destruction, Taking, Possession or Transporting of Electric Power Transmission Lines and Materials

May 10, 1990

NATIONAL EMERGENCY MEMORANDUM ORDER NO. 21

PROHIBITING THE DESTRUCTION, TAKING, POSSESSION OR TRANSPORTING OF ELECTRIC POWER TRANSMISSION LINES AND MATERIALS, PROVIDING A PENALTY FOR VIOLATION THEREOF AND FOR OTHER PURPOSES

WHEREAS, the continuous and uninterrupted supply of electric current is imperative to the economic growth of the country as well as for the general welfare of the citizenry;

WHEREAS, pursuant to Republic Act No. 6826, the President is authorized to issue rules and regulations as may be necessary "[t]o conserve and regulate the distribution and use of power, fuels and energy and ensure adequate supply of the same" and "[t]o undertake such other measures as may be reasonable and necessary to enable the President to carry out the declared national policy subject to the Bill of Rights and other constitutional guarantees";

WHEREAS, cognizant of the tremendous losses of the National Power Corporation and the adverse effects to the national economy and the economic development program of the country resulting from these nefarious activities, there is an urgent need to prohibit the destruction and pilferage of power transmission cables and related materials and to provide penalty for violation thereof during the period of national emergency;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, pursuant to the powers vested in me by the Constitution and Republic Act No. 6826, do hereby order:

SECTION 1. Definition of Terms.— As used in this Memorandum Order, the term: DcHSEa

(a) "Electric Power Transmission Lines/Materials" shall refer to any and all electric power transmission steel towers, woodpoles, cables, wires, insulators, line hardware and other related items with minimum voltage of 69 kilovolts (KV) consisting of the following:

(1) Steel transmission line towers made of galvanized steel angular members and plates or creosoted/tunnelized woodpoles to carry and support the conductors.

(2) Electrical conductors to transmit electrical power classified according to size and construction:

(i) 795 MCM aluminum conductor steel-reinforced (ACSR) code named "CONDOR" comprising of 54 strands aluminum wires, 3.08 mm. diameter, and seven (7) strands galvanized steel wires, 3.08 mm diameter. cDECIA

(ii) 795 MCM aluminum conductor steel-reinforced (ACSR) code named "DRAKE" comprising of 26 strands aluminum wires 4.44 mm. diameter, and seven (7) strands galvanized steel wires, 3.45 mm diameter. SaICcT

(iii) 336.4 MCM aluminum conductor steel-reinforced (ACSR) code named "LINNET" comprising of 26 strands aluminum wires, 2.89 mm. diameter, and seven (7) strands galvanized steel wires, 2.25 mm diameter.

(3) Overhead ground wires made of seven (7) strands galvanized steel wires, 3.08 mm diameter, to protect the electrical conductors from lightning strokes.

(4) Insulators made of porcelain or glass to insulate the electrical conductors from steel towers or woodpoles.

(5) Various line hardware and materials made of aluminum alloy or malleable steel to interconnect items (1) (2),(3),and (4) for safe and reliable operation of the transmission lines.

(b) "Destruction" refers to and includes the cutting, sawing, slicing, separating, splitting, severing, smelting or removal of electric power transmission lines/materials from towers, poles and other installations or places of installation, or from other places or sites where they may be rightfully or lawfully stored, deposited, kept, stocked, inventoried, situated or located, without the consent of the owner, whether or not for profit or gain. SDaHEc

(c) "Taking" refers to and includes the taking or carrying away, with or without the use of a vehicle or other lines/materials from towers, poles and other places of installation or other places or sites where they may be rightfully or lawfully stored, deposited, kept, stocked, inventoried, situated or located, without the consent of the owner, whether or not for profit or gain.

(d) "Possession" shall refer to and include having in his premises, custody or control of electric power transmission lines/materials without the consent of the owner, whether or not for profit or gain. aEHASI

(e) "Transporting" refers to and includes the loading, carrying, shipping or moving from one place to another by land, air or sea, whether or not for profit or gain, of any electric power transmission lines/materials without first securing a clearance/permit for the said purpose from its owner or the National Power Corporation or its Regional Offices.

SECTION 2. Prohibition.— The destruction, taking, possession or transporting of electric power transmission lines or materials as defined in paragraph 1 hereof is hereby prohibited and shall be punished as provided in paragraph 5 hereof. HCETDS

SECTION 3. Presumption of Violation of this Memorandum Order.— The possession, control or custody of electric power transmission lines/materials by any person, natural or juridical, not engaged in the transformation, transmission or distribution of electricity or electric power or in the manufacture of such electric power transmission lines/materials shall be prima facie evidence that such transmission lines/materials are the fruits or products of the acts prohibited in paragraph 2 and penalized in paragraph 5 hereof.

SECTION 4. Implementation. — The National Power Corporation is hereby authorized to mobilize and deputize all government agencies and instrumentalities, including the local government units, Philippine Constabulary/Integrated National Police, and other law enforcement agencies to strictly implement this Memorandum Order.

SECTION 5. Penal Provision. — Any violation of this Memorandum Order shall be punishable with imprisonment of not less than five (5) years but not more than ten (10) years or a fine of not less than fifty thousand pesos (P50,000) but not more than five hundred thousand pesos (P500,000) or both such imprisonment and fine at the discretion of the Court: Provided, That if the offender is a corporation, association, partnership or any other juridical person, the penalty shall be imposed upon the president, directors, managers, managing partners, as the case may be, who participated in the commission of the offense or who shall have knowingly permitted or failed to prevent the commission of the same. If the offender is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings; Provided, further, That if the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be. aHcDEC

SECTION 6. Effectivity. — This Urgent Memorandum Order shall take effect two days after its publication in Filipino and English in at least two (2) national newspapers of national circulation. aIAcCH

Manila, May 10, 1990.