I. Introduction
The right-of-way (ROW) is a fundamental concept in Philippine infrastructure and property law. It refers to the legal right of the government to acquire, use, and manage land for public infrastructure, including national roads. In the context of national roads, the ROW width determines the extent of land reserved for the carriageway, shoulders, drainage, utilities, and future road widening. Understanding the statutory basis, implementing regulations, and administrative practices concerning right-of-way width is essential for engineers, planners, and landowners affected by government projects.
II. Legal Basis
A. Republic Act No. 8795 (An Act Declaring National Policies on Road Classification)
Under this law, national roads are those which connect major cities, provinces, and key economic centers of the country. The classification of a road as “national” automatically places it under the jurisdiction of the Department of Public Works and Highways (DPWH), which also prescribes the corresponding ROW standards.
B. Commonwealth Act No. 141 (Public Land Act)
Section 112 of the Public Land Act reserves from disposition lands intended for public use such as roads and highways. It provides the general framework for the government’s power to set aside land for transportation infrastructure.
C. Republic Act No. 10752 (The Right-of-Way Act of 2016)
This Act modernized procedures for ROW acquisition, emphasizing just compensation, timely payment, and negotiated sale. It also governs acquisition for all national government projects, including DPWH road projects. While it does not specify fixed ROW widths, it reinforces the authority of implementing agencies to determine the extent of required ROW consistent with approved road design standards.
D. Presidential Decree No. 17 (Revised Philippine Highway Act)
PD No. 17 empowers the DPWH to prescribe design standards and ROW widths for highways and national roads. It integrates engineering requirements with legal acquisition frameworks.
III. Administrative Standards by DPWH
The Department of Public Works and Highways (DPWH), as the lead agency for road infrastructure, issues detailed guidelines through its Design Guidelines, Criteria, and Standards (DGCS) and related Department Orders.
A. Standard ROW Widths for National Roads
As per long-standing DPWH practice and design manuals:
| Type of Road | Minimum ROW Width (Urban) | Minimum ROW Width (Rural) |
|---|---|---|
| Primary National Roads | 30 meters | 60 meters |
| Secondary National Roads | 20 meters | 30 meters |
| Tertiary National Roads | 15 meters | 20 meters |
These widths include the carriageway, shoulders, sidewalks, drainage, and future expansion space.
Note: The widths may vary based on terrain, land use, or urban density. For example, in highly urbanized areas where land availability is constrained, DPWH may allow a reduced ROW, subject to approval and future widening provisions.
B. Special and Limited ROW Situations
- Mountainous or Coastal Roads: Reduced ROW (minimum of 15 meters) may be allowed where topography limits expansion.
- Bridges and Viaducts: ROW corresponds to the bridge approach length and width, including safety zones.
- Expressways and Toll Roads: Governed by concession agreements under Build-Operate-Transfer (BOT) laws; ROWs typically range from 60–100 meters.
IV. Acquisition Procedures
A. Determination of ROW Limits
The DPWH conducts parcellary surveys to establish the exact boundaries of the required ROW based on approved engineering plans. These surveys form the basis for valuation and compensation.
B. Modes of Acquisition
- Donation – Landowners voluntarily cede land to the government.
- Negotiated Sale – Preferred method under R.A. 10752, with compensation based on the latest Bureau of Internal Revenue (BIR) zonal valuation or independent appraisal.
- Expropriation – Court action to compel transfer when negotiations fail; payment of just compensation is mandatory.
C. Compensation
Under R.A. 10752:
- Payment is based on fair market value as determined by government-accredited appraisers.
- Disturbance compensation and replacement cost for improvements and structures are included.
- Immediate payment of 50% of the value is required upon taking possession, with the balance due upon transfer of title.
V. Interaction with Local Zoning and Land Use Laws
Although ROW standards are national in scope, implementation often intersects with local land-use policies under the Local Government Code (R.A. 7160) and Comprehensive Land Use Plans (CLUPs). Local governments may reserve additional setbacks or easements along national roads, particularly within urban areas, for pedestrian paths, public utilities, or green corridors.
The National Building Code (P.D. 1096) also requires setbacks from the ROW line, depending on road classification and building height, ensuring that future widening or utility work does not compromise private structures.
VI. Environmental and Social Safeguards
ROW acquisition for national roads must comply with:
- Environmental Impact Statement (EIS) System (P.D. 1586) – to mitigate displacement and ecological effects.
- Indigenous Peoples’ Rights Act (R.A. 8371) – requiring Free and Prior Informed Consent (FPIC) when projects affect ancestral domains.
- DPWH Resettlement Policy Framework – ensuring livelihood restoration for displaced persons.
VII. Emerging Trends and Policy Updates
Recent DPWH directives emphasize context-sensitive design, road safety audits, and sustainable mobility, which may affect future ROW standards. For instance:
- Wider ROWs are being encouraged to accommodate bike lanes, bus rapid transit systems, and pedestrian walkways.
- Underground utility corridors are being integrated within ROWs to reduce road excavation disruptions.
- Smart infrastructure provisions are incorporated for fiber optics and traffic management systems.
These evolving considerations suggest that ROW standards may continue to expand beyond the traditional widths prescribed decades ago.
VIII. Conclusion
The required right-of-way width for national roads in the Philippines is grounded in a combination of statutory law, engineering standards, and evolving policy. While the DPWH standard range remains from 15 to 60 meters depending on road classification and setting, the actual width may be adjusted to accommodate modern transport and urban development needs.
In legal and practical terms, the ROW serves as both a public asset and a planning tool, balancing the rights of landowners with the imperative of national infrastructure development. Future legislative or administrative revisions will likely reflect a stronger focus on multi-modal transport, climate resilience, and inclusive development.