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ORDINANCE NO. 2025-048

AN ORDINANCE STRENGTHENING ORDINANCE NO. 2022-064, MANDATING THE UNDERGROUND CABLING OF ALL PUBLIC UTILITY WIRES AND CABLES, INCLUDING POWER LINES AND TELECOMMUNICATION NETWORK CABLES, PROVIDING FOR THE TRANSITION PERIOD FOR ITS COMPLIANCE, IMPOSING PENALTIES FOR NON-COMPLIANCE, AND FOR OTHER PURPOSES:-

Sponsors: Hon. Jessie R. Albeus Hon. Melvin Ramon G. Buenafe

SECTION 1. SHORT TITLE. This Ordinance shall be known as “UNDERGROUND CABLING PLUS”

SECTION 2. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall mean:

a. Construction – all works related to infrastructure, including excavation and embedding of structures, line hardware, and accessories
b. Installation – all works involving fastening, attaching, connecting, and laying of underground lines and accessories;
c. Poles – shall refer to posts used to hold wires used by providers of power, telecommunications, television and cable, and other public utilities that use wires to distribute their products and services to their consumers;
d. Power provider – pertains to electrical power suppliers or distributors;
e. Telecommunications provider – pertains to the suppliers or distributors of telephone equipment and communication lines;
f. Television and Cable provider – refers to the suppliers or distributors of satellite service or television programming;
g. Underground Cabling refers to the bundling of all types of wires and cables, particularly electricity, data, and communications cable, in duly pinpointed underground areas;
h. Wire – refers to all wires used as service entrance wire for power, telephone, and/or cable network. It shall include cables or insulated conductor or group of conductors protected by a waterproof coat;

SECTION 3. COVERAGE. This Ordinance shall cover all persons engaged in the distribution or supply of power, telecommunications, television and cable, and such other public utilities that use wires and poles in the distribution of its public utility services.

SECTION 4. UNDERGROUND CABLING. All providers of power, telecommunications, television and cable, and other public utilities that uses wires and poles are hereby mandated and required to transfer their wires from poles to the underground conduit provided by the City Government of Naga within the period provided under Section 5 of this Ordinance and within such locations as may be declared as priority areas under this Ordinance or subsequently by the Inter-Agency Task Force created under Section 12 of Ordinance No. 2022-064, subject to the approval of the City Mayor.

SECTION 5. TRANSITORY PERIOD. Providers of power, telecommunications, television and cable, and other public utilities that use wires and poles are hereby given the periods hereunder provided within which to transfer their wires from poles to the underground conduit of the City of Naga.

PROVIDER	PERIOD TO TRANSFER
1. Power Provider	Within a period to be determined by the Underground Cabling Task Force after due deliberations on a technical and feasibility study jointly conducted by the Task Force and the concerned power provider, subject to the approval of the City Mayor and ratification by the Sangguniang Panlungsod.
2. Providers of Telecommunications, Television and Cable, and other Public Utilities that Use Wires and Poles	Within six (6) months from the declaration of the location as a priority area or from the completion of the underground conduit, whichever comes later. Provided, that upon completion of underground conduits, notice shall first be given to the Underground Cabling Task Force seven (7) days prior to acceptance and turnover of the underground facilities, in order to allow the latter to conduct the necessary inspection and tests with the concerned stakeholders, and determine the final period for transfer. Failure on the part of any telecommunications, television and/or cable provider to conduct inspections or tests shall automatically render the underground conduit accepted on their part.

SECTION 6. PRIORITY AREAS. The following areas in Naga City are hereby declared as priority areas:

a. Central Business District I/Centro Naga
b. Central Business District II
c. Panganiban Drive to Del Rosario-Pili Boundary
d. Magsaysay Lifestyle District
e. Diversion Area Development Center

SECTION 7. PROHIBITED ACTS. The following acts are hereby prohibited:

a. Installation, erection, or construction of poles in areas declared as priority areas;
b. Installation of wires and other overhead line accessories in poles within areas declared as priority areas;
c. Retention of poles within priority areas after the period to transfer wires under Section 5 of this Ordinance have expired; and
d. Retention of idle wires and other overhead line accessories within priority areas beyond the period provided under Section 5 of this Ordinance.

Accordingly, Section 5.A. of Ordinance No. 2022-064 is hereby amended as follows:

(a) Exemptions – Notwithstanding the transitory periods provided in this Section, emergency or urgent repairs necessitated by force majeure, natural calamities, accidents, or unforeseen technical issues that may pose a risk to public safety or significantly disrupt essential utility services shall be exempted from the compliance period, provided that:

1. The provider immediately notifies the Underground Cabling Task Force of the incident and the intended repair works;

2. All repairs are conducted in accordance with applicable safety standards and are subject to post-repair inspection by the Task Force;

3. Such exemption shall not extend beyond the necessary repair period unless otherwise authorized in writing by the Task Force upon validation.

SECTION 8. UNDERGROUND CABLING TASK FORCE. The Inter-Agency Task Force created under Section 12 of Ordinance No. 2022-064 shall have the same membership but is hereby renamed as the Underground Cabling Task Force. The Underground Cabling Task Force is hereby mandated to lead the implementation of this Ordinance. For said purpose, the Underground Cabling Task Force shall have the following functions, in addition to those provided under Section 12 of Ordinance No. 2022-064:

a. To conduct a monthly inspection of declared priority areas to monitor compliance by providers of power, telecommunications, television and cable, and other public utilities that uses wires and poles with the mandate to transfer wires to underground conduits;
b. To issue citation tickets, through the Public Safety Office, against providers of power, telecommunications, television and cable, and other public utilities that uses wires and poles that commit any of the prohibited acts under Section 7 of this Ordinance or that fails to fully transfer their wires to the underground conduits within the period provided under Section 5 of this Ordinance; and
c. To institute the necessary cases, through the assistance of the City Legal Office, against providers of power, telecommunications, television and cable, and other public utilities that uses wires and poles that violate any of the provisions of this Ordinance through the persons enumerated under Section 10 of this Ordinance.
d. To institute the necessary cases, through the assistance of the City Legal Office, against providers of power, telecommunications, television and cable, and other public utilities that use wires and poles that violate any of the provisions of this Ordinance through the persons enumerated under Section 10 of this Ordinance.
e. To receive, review, and approve all applications by telecommunications, television and cable, and other public utility providers for the installation, modification, or transfer of underground cabling works within the City of Naga, ensuring that such applications comply with technical standards, safety requirements, and are aligned with the implementation timelines and plans of the City.

SECTION 9. PENALTIES. To ensure strict compliance with this Ordinance and the orderly implementation of the underground cabling project in the City of Naga, the following penalties shall be imposed for every violation:

(a) For Failure to Transfer Wires Within the Period Determined by the Underground Cabling Task Force:

1. First Violation – Issuance of a Notice of Violation by the Underground Cabling Task Force, specifying the compliance period as determined by the Task Force after consultation with the concerned utility provider.

2. Second Violation – Issuance of a Second Notice of Violation, which shall serve as a final warning.

3. Third Violation – Issuance of a Third and Final Notice, following which the following penalties shall apply:

• A fine of Five Thousand Pesos (P5,000.00);
• If the violator is engaged in business, revocation of its business license and/or permit issued by the City Government of Naga;
• For juridical entities (e.g., partnerships, corporations, cooperatives, associations, or government-owned and controlled corporations), the penalty shall be imposed upon the President, General Manager, and each responsible officer, and the entity’s business license shall be canceled and the wires shall be removed by the city at their own expense.

  An interval of twenty (20) calendar days shall be observed between each notice of violation.

  If the violator does not contest the apprehension and opts to settle, a citation ticket shall be issued. The violator shall pay the prescribed fine at the Office of the City Treasurer within ten (10) working days from the issuance of the citation ticket. Failure to do so shall result in the filing of the appropriate charges in court.

(b) For Committing Prohibited Acts:

1. First Offense – Issuance of a written warning and a directive to rectify the violation within a period set by the Underground Cabling Task Force;
2. Second Offense – A fine of 3,000.00;
3. Third and Succeeding Offenses – A fine of P5,000.00 and possible revocation of business permit, subject to the gravity of the offense and evaluation by the Task Force.

SECTION 10. ACCOUNTABILITY. The following persons shall be responsible for ensuring compliance with this Ordinance and shall also be charged and made liable for any violation thereof:

a. The Manager duly designated /authorized by the main office or its Board of Directors; or
b. Operations Officer duly designated/authorized by the main office; or
c. Field Officer duly designated/authorized by the main office; or
d. Any Senior Officer who is managing or responsible for the office, if no particular official is designated; or
e. Owner or Proprietor in case of sole proprietorships.

SECTION 11. SEPARABILITY CLAUSE. If any provision of this Ordinance is later declared invalid by any court of competent jurisdiction, the other provisions of this ordinance, as far as severable, shall remain in full force and effect.

SECTION 12. REPEALING CLAUSE. This Ordinance amends, in part, Ordinance No. 2022-064. All other ordinances, resolutions, executive issuances or parts thereof which are inconsistent with any of the provisions of this Ordinance are likewise deemed repealed or amended.

SECTION 13. EFFECTIVITY CLAUSE. This ordinance shall take effect immediately upon its approval and publication on the Naga City Government’s website and in a newspaper of local circulation.

ENACTED: June 24, 2025

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GIL A. DE LA TORRE
Secretary to the
Sangguniang Panlungsod

CECILIA B. VELUZ-DE ASIS
City Vice Mayor
& Presiding Officer

YUSEDE DANA CAMATO
Youth Secretary to the
Sangguniang Panlungsod

JAMIN PHOEBE 6. SABAYBAY
City Youth Vice Mayor
& Presiding Officer

APPROVED:

NELSON S. LEGACION
City Mayor

MA. ELIZABETH S. BLANCO
City Youth Mayor