Introduction

In the Philippines, the establishment of new roads is a critical component of infrastructure development, aimed at facilitating transportation, economic growth, and urban planning. The right-of-way (ROW) for roads refers to the strip of land acquired or reserved for the construction, maintenance, and expansion of roadways, including the carriageway, shoulders, sidewalks, drainage systems, and utilities. Determining the required width for new road ROW is governed by a framework of national laws, departmental regulations, and local ordinances, ensuring safety, efficiency, and compliance with environmental and social standards.

This article provides an exhaustive examination of the legal and regulatory requirements for ROW widths in the context of new road projects in the Philippines. It draws from constitutional provisions, statutory laws, executive issuances, and administrative guidelines, highlighting variations based on road classification, location (urban vs. rural), and specific project needs. While minimum widths are standardized, actual requirements may exceed these based on engineering assessments, traffic projections, and future expansion plans.

Constitutional and Legal Foundations

The Philippine Constitution of 1987 serves as the foundational basis for ROW regulations. Article XII, Section 6 emphasizes the promotion of a self-reliant economy through infrastructure development, while Article III, Section 9 protects private property rights, mandating just compensation for expropriation in ROW acquisition. This balances public interest in road development with individual rights.

Key statutes include:

Republic Act No. 10752 (The Right-of-Way Act of 2016): This law streamlines the acquisition of ROW for national infrastructure projects, including roads. It does not specify widths but mandates that ROW dimensions conform to approved engineering designs and standards set by the Department of Public Works and Highways (DPWH). It emphasizes negotiated sales over expropriation and requires environmental compliance certificates (ECC) from the Department of Environment and Natural Resources (DENR) before acquisition.
Presidential Decree No. 17 (Revised Philippine Highway Act of 1972): This decree classifies national roads and sets general parameters for their development. It empowers the DPWH to determine ROW widths based on highway classifications, ensuring adequate space for safety features like medians and barriers.
Republic Act No. 7160 (Local Government Code of 1991): For local roads (provincial, municipal, barangay), local government units (LGUs) have authority, but they must align with national standards. Section 447 allows cities and municipalities to regulate ROW for local infrastructure, often adopting DPWH guidelines.
Presidential Decree No. 957 (Subdivision and Condominium Buyer's Protection Decree of 1976) and Batas Pambansa Blg. 220 (Economic and Socialized Housing Act of 1982): These apply to roads within subdivisions and housing projects. PD 957 requires minimum ROW widths for internal roads in open-market subdivisions, while BP 220 sets standards for socialized housing.

Other relevant laws include Republic Act No. 8974 (An Act to Facilitate the Acquisition of Right-of-Way for Infrastructure Projects, 2000), which RA 10752 amended, and Republic Act No. 7279 (Urban Development and Housing Act of 1992), which addresses ROW in urban poor resettlement areas.

Classification of Roads and Corresponding ROW Widths

Roads in the Philippines are classified by the DPWH into national, provincial, city/municipal, and barangay roads, with further sub-classifications (e.g., primary, secondary, tertiary). ROW widths for new constructions are prescribed in the DPWH's Highway Safety Design Standards Manual, Department Orders, and the Philippine Road Safety Action Plan. These standards are influenced by international best practices, such as those from the American Association of State Highway and Transportation Officials (AASHTO), adapted to local conditions.

National Roads

National roads, under DPWH jurisdiction, form the backbone of the country's highway system. For new constructions, ROW widths are designed to accommodate future widening, utilities, and multi-modal transport.

Primary National Roads (Arterial Highways): These connect major cities and economic centers. The minimum ROW width is 30 meters, but for new projects, it is often 60 meters to allow for 4-6 lanes, medians, and service roads. In high-traffic corridors, such as those under the Build-Better-More Program, widths can reach 80-100 meters for expressways or toll roads.
Secondary National Roads: Linking provincial capitals to primary roads, the standard ROW is 20-30 meters. New constructions typically require at least 25 meters to include shoulders (2-3 meters each side) and drainage.
Tertiary National Roads: Serving rural areas, the minimum ROW is 15-20 meters. However, for new gravel or paved roads in undeveloped areas, 20 meters is mandated to prevent encroachment.

In urban areas, ROW may be reduced to 20 meters if space is constrained, but new projects prioritize wider corridors to integrate bike lanes and pedestrian paths as per Republic Act No. 10054 (Motorcycle Helmet Act and related safety laws).

Local Roads

Local roads fall under LGU control but must comply with DPWH oversight for funding and standards.

Provincial Roads: Minimum ROW of 15-20 meters for new constructions, expandable to 25 meters in growth areas.
City/Municipal Roads: In urban settings, new major roads require 12-15 meters, while collector roads need 10 meters. The Housing and Land Use Regulatory Board (HLURB) guidelines under PD 957 specify:
- Major roads: 10-12 meters.
- Minor roads: 8 meters.
- Alleys: 6 meters (for access only).

For socialized housing under BP 220:

Major roads: 8-10 meters.
Minor roads: 6.5 meters.
Alleys: 3-4 meters.
Barangay Roads: Often unpaved, new ROW is 6-10 meters, focusing on accessibility in rural barangays.

Special Cases: Expressways and Toll Roads

Under the Toll Regulatory Board (TRB) and Public-Private Partnership (PPP) frameworks (RA 6957, as amended by RA 7718), new expressways require ROW widths of 60-100 meters. For instance, the North Luzon Expressway (NLEX) expansions adhere to 80-meter standards. These include provisions for high-speed lanes, emergency stops, and noise barriers.

Factors Influencing ROW Width Determination

Beyond classification, several factors dictate the required width for new road ROW:

Traffic Volume and Design Speed: High-volume roads (e.g., >10,000 vehicles/day) require wider ROW for additional lanes. Design speeds above 80 km/h necessitate broader shoulders (3-4 meters).
Terrain and Environment: In mountainous areas (e.g., Cordillera Region), ROW may be adjusted for slopes and retaining walls. Coastal roads under DENR regulations include buffers for mangroves or shorelines.
Utilities and Ancillary Features: ROW must accommodate power lines, water pipes, and fiber optics. The National Building Code (PD 1096) requires space for sidewalks (1.5-2 meters) and bike lanes (1-2 meters).
Future Expansion: DPWH Department Order No. 136, s. 2018, mandates planning for 20-30 year horizons, often doubling minimum widths.
Social and Resettlement Considerations: Under RA 7279 and RA 10752, ROW acquisition must minimize displacement. In informal settler areas, narrower ROW may be negotiated, but new roads prioritize full compliance.
Climate Resilience: Post-Typhoon Yolanda, DPWH integrates wider drainage (2-3 meters) in ROW for flood-prone areas, as per the Climate Change Act (RA 9729).

Acquisition Process and Challenges

Acquiring ROW for new roads follows RA 10752:

Modes: Negotiated sale (preferred), donation, or expropriation.
Valuation: Based on current market value, replacement cost, or BIR zonal values.
Timeline: 30 days for negotiation; court proceedings if failed.

Challenges include land disputes, as seen in delayed projects like the Laguna Lakeshore Expressway. LGUs must issue clearances, and ECCs ensure environmental impact assessments consider ROW widths.

Enforcement and Penalties

Violations of ROW standards, such as encroachments, are penalized under PD 17 (fines up to PHP 50,000) and the Anti-Squatting Law (RA 8368). DPWH conducts regular surveys, and LGUs enforce through zoning ordinances.

Recent Developments and Reforms

Under the Marcos Administration's Build-Better-More Program (2022 onwards), emphasis is on wider ROW for sustainable infrastructure. DPWH Department Order No. 49, s. 2023, updates standards for electric vehicle charging stations within ROW. International funding from ADB and JICA often requires adherence to broader widths for safety.

In summary, the required width for new road ROW in the Philippines varies from 3 meters for alleys to 100 meters for expressways, rooted in a robust legal framework prioritizing public welfare. Stakeholders must consult DPWH for project-specific approvals to ensure compliance and optimal design.