WESTERN MINDANAO STATE UNIVERSITY

College of Public Administration and Development Studies

Zamboanga City
PA 299B- Research Methods in Public Administration II
Saturday / 1:00 PM- 4:00 PM

Name: Genandoy, Resty B.

Date: March 25, 2023

CONCEPT PAPER

I. Research Title: The Guarantee of Right-Of-Way on the Distribution Utilities of

an Electric Cooperative Company

II. Introduction

Right-of-way is the right to pass over or through real property owned by someone else,

usually based upon an easement (Wex Definitions Team, 2021). A common example of right-

of-way are the numerous access roads in the city. This includes a road right-of-way for

vehicles, sidewalks, pavements, and setbacks for people and public utilities to pass through.

Public utilities such as drainages, street lights, water pipes, cable, and electrical lines are seen

in public spaces below and above common road rights-of-way. Unlike other urbanized cities,

Zamboanga suffers from an untidy placement of these utilities because there is no allocated

setback for them. Our electrical distribution system, per se, has faced a continuous struggle

on the right-of-way because there is no established easement for the location of the poles and

line clearance is not strictly followed.

The Department of Public Works and Highways (DPWH) has a definite facilitation role

in the acquisition of rights-of-way to construct and build infrastructure projects like roads and

bridges being implemented by the National Government. As such, the governing and
 WESTERN MINDANAO STATE UNIVERSITY
College of Public Administration and Development Studies
Zamboanga City
PA 299B- Research Methods in Public Administration II
Saturday / 1:00 PM- 4:00 PM

implementing agency, which is the DPWH, follows a process flow and conducts a mode of

acquisition through donation, negotiated sale, and expropriation. An electric cooperative must

also be definite in its right of way access to ensure the uninterrupted and continuous

distribution of electricity in the City.

III. Methodology

The Cooperative opts to negotiate using usufruct and right of way agreements for the

portion of the property for the rights-of-way of the electrical distribution system. The

agreement is made to grant and authorize ZAMCELCO a perpetual easement of right-of-way

on, over, through and across the property to exclusively construct, erect, install, operate and

maintain electric posts and electric lines for the purpose of transmitting electric power. This

includes the appropriate transmission lines overhead, with any and all wires, ground and

above ground connections, and other accessories or appurtenances desired in the distribution

of electric power, it being understood that the works to be undertaken shall include but not

necessarily limited to, excavation or digging of holes, construction of anchors,

erection/installation of posts, stringing of lines and in proper cases, relocation of posts and

lines. With prior permission with the owner, ZAMCELCO shall have the right to conduct

inspection on the distribution lines, including but not limited to, causing their removal,

replacement, relocation, repair, reinforcement, rebuilding and other necessary and other

necessary or appropriate works. The consideration of the Agreement is the liberality of the

owner, as such no sum shall be paid the owner for the right of way affected to which
 WESTERN MINDANAO STATE UNIVERSITY
College of Public Administration and Development Studies
Zamboanga City
PA 299B- Research Methods in Public Administration II
Saturday / 1:00 PM- 4:00 PM

ZAMCELCO expresses its gratitude to the owner for his/her generosity, kindness and

concern in assisting the former in the improvement of the electric distribution system in

Zamboanga City which would benefit the residents therein. The agreement shall bind and

inure to the benefit of both parties, their heirs, successors, assigns, and all who may claim any

right or interest under either party and the easement of right of way shall, at the option and

expense of ZAMCELCO, be registered with the Office of the Register of Deeds for

Zamboanga City, and annotated on the Memorandum of Encumbrance of the title covering

the Property. The owner shall execute any other paper or deed required for the purpose,

including making available his/her owner’s duplicate of the title for purposes of such

annotation or recordation.

IV. Conclusion

The Zamboanga City Electric Cooperative, Inc. (ZAMCELCO) is to have a right-of-way

agreement for the passage of the posts and lines for private property owners in which the

location of the poles is negotiated with private owners for the portion of the property used for

the public purpose of constructing primary and secondary distribution lines, relocating poles,

or performing any maintenance work.