RIGHT-OF-WAY (ROW) WIDTH ON PROVINCIAL ROADS

A Philippine Legal and Technical Primer

1. Concept of Road Right-of-Way

The road right-of-way is the strip of land reserved for the construction, operation, improvement and maintenance of a public road, including all its appurtenant facilities (carriageway, shoulders, side-ditches, sidewalks, utilities, slopes and safety zones). Ownership remains with the State (patrimonial or public dominion, as the case may be), while abutting private owners merely possess easements of access and light/view. Key legal anchors:

Art. III, §9, 1987 Constitution – no taking of private property without just compensation;
Civil Code, Arts. 619-636 – legal easements;
R.A. 10752 (2016) “The ROW Act” – modern procedure for ROW acquisition (applicable even to LGU-funded roads when national funds or national agencies participate);
Local Government Code, R.A. 7160, §§17 & 19 – LGU power to acquire private property for right-of-way, and to classify local roads;
D.P.W.H. Department Orders – technical standards and minimum widths.

2. Classification of Roads and the Governing Agency

Road class	Primary oversight	Typical ROW width*	Funding source
National primary & secondary	DPWH	30 m (20 m urban)	GAA / ODA
Provincial	Sanggunian Panlalawigan + Provincial Engineer, standards issued by DPWH	20 m (15 m urban/ built-up)	Provincial funds + national aid
City / Municipal	LGU	15 m	LGU
Barangay	Punong Barangay / Municipal Engineer	10 m	LGU / barangay
*Derived from DPWH Design Guidelines, Criteria and Standards Vol. II; Department Order 124-2013 reiterates these figures. Earlier orders (e.g., D.O. 41-2011, D.O. 90-1989) used the same envelope.

Why 20 metres for provincial roads? The width accommodates:

6–7 m two-lane carriageway
2×1 m paved shoulders
2×1.5 m verge/utility strip
2×2 m foreslope/backslopes & drainage
Future widening margin

3. Source of the 20-Metre Standard

Historical – The Bureau of Public Highways’ 1955 “Geometric Standards for Philippine Highways” first prescribed a 66-foot (≈20 m) reservation for secondary/provincial roads.
DPWH Manual of Roads & Bridges (latest edition, 2015) – confirms a minimum ROW of 20 m (rural); allows 15 m in constrained urban corridors, subject to DPWH Secretary approval.
DPWH Department Order 124, s. 2013 – formally adopts the classification matrix above and instructs all LGUs to secure ROW not less than those widths when opening or upgrading roads to the next higher classification.

4. How Provinces Acquire the Needed Width

Donation or Easement Grant – common in ancestral estates; annotated on the title under Sec. 50, P.D. 1529.
Negotiated Sale under R.A. 10752 – provincial governor (with Sanggunian authority) offers market value + solatium (15 % of zonal value or actual disturbance cost, whichever is higher).
Expropriation (Rule 67, Rules of Court; LGC §19) – immediate entry upon deposit of 100 % of BIR zonal value OR proffered price, whichever is higher. Compensation fixed by court-appointed commissioners; interest runs from taking.
Site-to-site relocation – when informal structures obstruct the ROW, resettlement is undertaken under DILG-HUDCC Joint Memorandum Circular 1-08.

5. Compensation Rules Unique to LGUs

R.A. 10752’s “implementing local project” clause (IRR §4[b]) widens its reach to provincial roads if any national money or agency expertise is tapped. Otherwise, provinces may still adopt its schedule of payments by ordinance.
Tax delinquent properties within the strip may be levied instead of expropriated (LGC §256), then re-classified as ROW.
Agricultural lands enjoy 52-week crop loss indemnity (Administrative Order 50-DPWH/DA-2018).

6. Special Width Situations

Scenario	Minimum total width	Notes
Bridges on provincial roads	Same as road reserve plus 1 m inspection walkway on each side	Articulated in DPWH Bridge Design Manual
Mountainous terrain	15 m may suffice if 1.5HV:1 V cut slopes fit inside	DPWH Geotechnical Design Guide
Roads traversing ancestral domains	15 m unless Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) allows more; NCIP clearance required (IPRA §59)
Coastal/foreshore roads	Often >20 m to include seawall berm; DENR foreshore lease if outside established ROW

7. Encroachment and Set-Back Rules

Permanent structures within the ROW are illegal per Art. 51, IRR of P.D. 1096 (National Building Code); DPWH Chief may issue Notice to Vacate and summarily demolish after a 15-day grace period (D.O. 65-2014). For temporary uses (e.g., kiosks), a special permit may be granted by the governor but only outside the shoulder-edge safety zone (at least 3 m from carriageway) and subject to immediate revocation in emergencies.

8. Jurisprudence Snapshot

Case	G.R. No.	Holding (simplified)
Prov. of Nueva Ecija v. Mangahas	191980 (Jan 20 , 2016)	LGU may expropriate even if DPWH earlier initiated; whoever deposits first takes the lead.
Republic v. Malabanan	179987 (Apr 29 , 2009)	Titles issued over unsegregated road ROW are void; the State may recover without paying compensation.
Land Bank v. Manese	182571 (Dec 4 , 2013)	Full market value plus interest from “writ of possession” date applies to LGU expropriations just as in national ones.
Spouses Roxas v. PNB	219353 (June 17 , 2020)	Banks may not foreclose structures sitting on public ROW; the mortgage is void as to the land under the road.

9. Practical Tips for Provincial Planners & Landowners

Check the provincial CLUP – the ROW corridor is often plotted in the land use map; disputes melt away when owners see the alignment early.
Survey from centerline – boundary monuments must show half-widths (e.g., 10 m each side of center for a 20 m ROW).
Secure DENR tree-cutting permits before widening— even trees inside the ROW are still “private” if they grew before the taking.
Record road declarations with the Registry of Deeds; they serve as notice to subsequent buyers (Sec. 103, P.D. 1529).

10. Emerging Trends

Complete Streets: DPWH-DILG Joint Memorandum 1-2023 encourages LGUs to reserve 2.5 m per side for protected bike lanes within the 20 m envelope.
Utility Corridors: NGCP and telcos now share a 2 m subsurface utility zone inside the outer verge—formalized in DICT-DPWH JMC 02-2024.
Climate-resilient ROW: Wider drainage easements (additional 1 m per side) are being required in provinces repeatedly hit by typhoons.

CONCLUSION

For provincial roads, the law expects a 20-metre reservation (15 m in constrained urban strips)—broad enough for today’s two-lane rural highway and tomorrow’s upgrades. Provinces wield all the classic powers of eminent domain, guided by R.A. 10752, the Local Government Code, and DPWH standards. Landowners, in turn, are guaranteed due process and just compensation. Knowing these dimensions and procedures in advance minimizes conflict, speeds up infrastructure rollout, and ultimately connects communities more safely and efficiently across the Philippine countryside.