Required Right-of-Way Width in the Philippines
A practical guide for lawyers, planners, engineers, and landowners
1. What is a “right-of-way”?
In Philippine law the term embraces two very different legal animals:
| Right-of-way type | Governing law | Typical purpose |
|---|---|---|
| Public right-of-way (road, railway, transmission corridor, etc.) | Special statutes (e.g. R.A. 10752 “Right-of-Way Act”), DPWH & other agency regulations, local ordinances | To build or widen public infrastructure |
| Private easement of right-of-way | Civil Code, Arts. 649-657 | To give an enclosed property access to a public road |
Width requirements differ radically depending on which of the two you are talking about.
2. Private easements under the Civil Code
| Provision | Key rule on width |
|---|---|
| Art. 651 | “The width of the easement shall be that which is sufficient for the needs of the dominant estate; it may be changed as those needs increase or diminish.” |
| Case law | Courts rarely grant more than 2 – 3 m for foot and light-vehicle access to farms; up to 5 – 10 m has been allowed where the dominant estate needs truck or heavy-equipment access (e.g. Spouses Abellanal v. Spouses Sevilla, G.R. 174350, 23 Jan 2013). |
| Upper limit | Jurisprudence treats 10 m as a practical maximum absent extraordinary proof of necessity. |
👉 No statute fixes an exact figure. The party asking for the easement must prove necessity and the specific width required; the court will tailor-fit the width to those needs and may adjust it later.
3. Public road rights-of-way
The Department of Public Works and Highways (DPWH) sets the minimum strip of land to be reserved on both sides of the carriageway through its Department Orders (DOs). The latest widely cited issuance is DPWH Department Order No. 73-2014 (superseding DO 52-2002). It is applied nationwide unless a later project-specific approval grants a bigger width.
| Road classification (DPWH) | Minimum total ROW width (edge-to-edge, including shoulders & future widening) |
|---|---|
| Expressway | 60 m |
| National Primary – Rural |
30 m |
| National Primary – Urban |
20 m |
| National Secondary – Rural |
20 m |
| National Secondary – Urban |
15 m |
| National Tertiary – Rural |
15 m |
| National Tertiary – Urban |
10 m |
Local-government roads follow the DPWH/LGU joint guidelines on local road standards (most recently reiterated in 2023 circulars):
| LGU road | Open country | Built-up/urban |
|---|---|---|
| Provincial road | 15 m | 12 m |
| City / municipal road | 12 m | 10 m |
| Barangay road | 10 m | 8 m |
Subdivision roads (HLURB/ DHSUD Rules): Major 10-12 m; minor 6.5-8 m; pedestrian alleys 3 m.
4. Other specialised corridors
| Infrastructure | Governing instrument | Typical width |
|---|---|---|
| Transmission lines (NGCP / NPC) | NPC Charter; Grid Code; environmental clearances | 30 m (±15 m each side of centreline) for 230 kV lines; larger for 500 kV |
| Railways (PNR, MRT/LRT) | R.A. 4156; project-specific laws (e.g. R.A. 9123, 11085) | 30 m each side of centreline (legacy PNR); modern elevated lines often take only the viaduct footprint plus 5 m maintenance strip |
| Water pipelines & aqueducts | R.A. 6234 (MWSS) & concession contracts | 5-10 m each side, varying with pipe size |
| Irrigation canals | NIA Admin. Orders | 3-5 m maintenance road each side |
5. How the required public width is acquired
- Initial reservation – many national roads were proclaimed through Presidential Proclamations in the 1930s-1960s, setting 20-m strips that today serve as baseline.
- Expropriation or negotiated sale – under R.A. 10752 (2016) government may immediately take possession upon depositing 100 % of zonal value plus replacement cost; title transfer follows.
- Administrative acquisition – for road widening inside a government-owned strip (e.g. the “road-right-of-way (RROW) reservation” on cadastral maps) no compensation is paid, though structures are relocated per the DPWH 2021 Right-of-Way and Resettlement Manual.
6. Compensation & valuation highlights
| Rule | Detail |
|---|---|
| Public projects (R.A. 10752) | Fair market value = BIR zonal value or assessed value, whichever is higher, plus replacement cost of improvements and trees; payment within 7 days after signing deed of sale. |
| Private easements (Civil Code Art. 649) | The dominant estate must pay the servient owner (a) value of the land occupied (usually market value per m² times width × length), and (b) indemnity for damages. Payment is one-time unless agreed otherwise. |
7. Practical drafting tips (pleadings & contracts)
- Pin the classification first. Quote the exact DPWH or local ordinance provision (e.g. “National Secondary Rural – 20 m”).
- Show the chain of approval. Attach the road-plan sheet, road-right-of-way plan (RROW Plan), and the approving DPWH District Engineer’s certification.
- Include a metes-and-bounds description of the strip, not just the width, to avoid overlaps in titling and later subdivision plan approval (LRA Circular No. 08-2019).
- When pleading a private easement, specify (a) dominant and servient titles, (b) proof of “no adequate outlet,” and (c) detailed survey of the requested strip with computations showing why the chosen width (e.g. 4 m) is “strictly necessary.”
8. Common pitfalls
- Assuming the carriageway width = RROW width. Carriageway might be 6 m, but the legal RROW may still be 20 m; informal settlers inside the shoulder are still encroachers.
- Treating subdivision roads as public without the required deed of donation. HLURB rules say roads become public only after formal conveyance to the LGU; until then the HOA may regulate parking and access.
- Over-wide easement demands. Courts often reject 10-m demands for a mere footpath; start with 3 m and justify every extra meter.
9. Emerging trends (2024-2025)
- Green corridors – DPWH now encourages inclusion of 2-3 m planting strips within the 20-m or 30-m reservation in line with the Philippine Greenways Act (pending in Congress, House Bill 9577).
- Context-sensitive design – LGUs are requesting variances to squeeze national roads to 12-15 m “complete streets” sections in dense heritage districts (e.g. Vigan, Pila) in exchange for wider pedestrian zones.
- Digital cadastral mapping – the Unified Road ROW Information System (URRIS) pilot combines LiDAR and tax-map overlays; expect tighter enforcement against encroachments inside the full legal width.
10. Quick reference cheat-sheet
| Situation | Minimum width you should normally expect |
|---|---|
| Footpath for land-locked lot | 2 m |
| Farm access for pickup truck | 3-4 m |
| Heavy cargo trucks | 6-10 m (must prove necessity) |
| Barangay road in poblacion | 8 m (local standards) |
| National secondary road (urban) | 15 m (DPWH DO 73-2014) |
| Expressway | 60 m |
11. Conclusion
In the Philippines there is no single “magic number.” Private easements flex with necessity; public corridors follow agency-specific grids (DPWH for roads, NGCP for powerlines, PNR for rail). Always (1) identify the legal classification, (2) locate the governing issuance or ordinance, and (3) prove why that width—and not more, not less—is essential. Doing so avoids over-expropriation, under-compensation, titling headaches, and, ultimately, litigation.
This article is current as of 6 July 2025. Philippine infrastructure and land-use rules evolve quickly; always check the latest DPWH Department Orders and agency circulars before finalizing plans or pleadings.