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

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.

A. Process Flow for the Acquisition of Right-of-Way

The guarantee of right-of-way for the perpetual easement of the distribution utilities is

dependent on the approval of the affected lot owner. The negotiation process may take a lot

longer than usual in convincing the lot owner to let the passage of power line along his

property.