In the event that a competent officer wishes to enter a place stated under preceding paragraph, when it is not a
case of emergency, the occupant(s) of such a place shall be informed in writing at least three days in advance.
Section 12 In the execution of his/her duties, a competent officer shall present his/her I.D. card to all persons
concerned.
The I.D. card of the competent officer shall be as prescribed by the Minister in the Ministerial Regulations.
Section 13 The competent officers under this Act shall be officers designated under the Criminal Code.
Section 14 The competent officer shall have the authority to use or occupy real property under occupancy of any
person, which is not a place of residence, on a temporary basis under the conditions stated hereafter :
(1) Such use or occupancy is essential for exploration of production sources, transmission systems, energy
distribution systems, and safety precaution against danger or damage which may be caused to production,
transmission, and distribution of energy, and
(2) The owner or the occupant of such property has been informed at least fifteen days in advance.
In the event that any damage occurs to the owner or the occupant of, or the person who holds other rights over
such real property, as a result of the execution of work by the aforementioned competent officer in paragraph
one, the person in question shall claim compensation from the Department of Energy Development and
Promotion. If an agreement on the amount of compensation cannot be reached, Section 22 and Section 23 shall
be applied.
Section 15 In the event that it is essential to take possession of such immovable property for the purpose of
production, transmission, and distribution of energy, and in the event that no other agreement on the transfer of
ownership has been made, expropriation of such property shall be effected under the laws governing
Expropriation of real property.
Section 16 When necessity arises, the Department of Energy Development and Promotion shall, for the benefit
of the community, have the authority to establish energy stations, to install energy lines or pipelines under,
above, along or across the land of any person, or to install poles or equipment into or on the land of any person,
which is not the site of a building.
In the event that any part of land is needed for the purpose stated in preceding paragraph, the Department of
Energy Development and Promotion shall pay compensation for such use of land to the owner or the occupant of
such land in an amount that is fair, unless the owner or the occupant of such land also gains worthwhile benefits
from the actions described here above.
Section 17 For the benefit of the community, the Department of Energy Development and Promotion shall have
the authority to install energy lines or pipelines by fixing them to the building of any person which is above or
next to a public thoroughfare.
Section 18 Before the Department of Energy Development and Promotion shall take actions as described in
Section 16 and Section 17, the Department shall notify the owner or the occupant of such property in writing.
The owner or the occupant of such property may file a petition to the Minister within fifteen days of the date of
receipt of such written notice, explaining the reasons for objections to such actions, In the event as such, the
Department of Energy Development and Promotion shall suspend the actions until the person who has filed the
petition has been informed of the decision of the Minister.
The decision of the Minister shall be considered as final.
Section 19 For the sake of safety in energy transmission, the Department of Energy Development and Promotion
shall have the authority to cut down trunk(s), branch(es), or root(s), of tree(s), that are close to energy lines or
pipelines or equipment, provided that the owner or the person who hold the right over such property is informed
in advance and within a reasonable amount of time.
Section 20 In the event that the owner or the occupant of the property involved has intention to build or
conduct any activity on the land where energy lines or pipelines or equipment may present obstructions to such action, the said owner or occupant shall request the Department of Energy Development and Promotion to move,
take out, modify or make changes to such obstructions And when it is deemed appropriate, the Department of
Energy Development and Promotion shall make arrangements in compliance with such request. The owner or the
occupant of such property shall pay for all expenses incurred by such arrangements.
Section 21 In case of emergency, a competent officer may enter any property of any person for the purpose of
inspecting, repairing, and correcting the power lines or pipelines, or equipment, at all times, provided that the
owner or the occupant of such property has been informed of such entry.
Section 22 In the event that the owner or the occupant of, or the person who holds other rights over such
property does not consent to the compensation paid by the Department of Energy Development and Promotion
under Section 16 or Section 19 hereof, or in the event that it shall not be possible to locate the owner or the
occupant of, or the person who holds other rights over such property, the Department of Energy Development
and Promotion shall place the said amount of compensation with the court or the Deposit Office, or deposit it with
the Government Savings Bank into an account under the name of the owner or the occupant of, or the person
who holds other rights over the property, each having a separate account. Should there be an interest or any
other benefit arising from such deposit, the owner or the occupant of, or the person who holds other rights over
such property shall have the right to such interest or benefit.
After the Department of Energy Development and Promotion has already placed or deposited the compensation
with the Court or the Deposit Office or the Government Savings Bank under preceding paragraph, the
Department shall send a written notice, by certified mail, to the owner, or the occupant of, or the person who
holds other rights over the property. In the event that the owner or the occupant of, or the person who holds
other rights over the property cannot be located, an announcement shall be made in a local newspaper for at
least two consecutive days, so that the owner or the occupant of, or the person who holds other rights over the
property shall know about it.
Criteria and procedures in placing and depositing the compensation with the court or, the Deposit Office or the
Government Savings Bank, and the procedures in receiving such compensation shall be in accordance with the
rules prescribed by the Minister.
Section 23 In the event that the owner or the occupant of, or the person who holds other rights over the
property does not consent to the amount of compensation paid by the Department of Energy Development and
Promotion, and regardless of whether the said person shall or shall not accept the compensation placed or
deposited by the Department of Energy Development and Promotion; the said person shall have right to file a
case to the court within one year of the date the Department of Energy Development and Promotion has taken
actions under the second paragraph.
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