PHILIPPINE President Ferdinand R. Marcos, Jr. signed into law a measure that amended the Right-of-Way (RoW) Act, which would allow the government to acquire more land for big-ticket infrastructure projects.
Palace Press Officer Clarissa A. Castro confirmed the development on Wednesday through a Viber message to BusinessWorld.
“The President signed and approved the bill,” she said, without elaborating.
A copy of the signed law has yet to be released.
Right-of-way issues have hampered the rollout of government infrastructure projects, such as the Metro Manila Subway Project.
The Accelerated and Reformed Right-of-Way Act is one of the Marcos administration’s priority legislations, as it is expected to facilitate easier land acquisition for National Government infrastructure projects.
It amended Republic Act No. 10752 or the Right-of-Way Act, expanding its scope to cover all projects undertaken through public-private partnerships.
Michael L. Ricafort, chief economist of Rizal Commercial Banking Corp., said the new law would help address RoW issues more effectively and expeditiously as these have delayed the completion of infrastructure projects.
Nigel Paul C. Villarete, senior adviser on public-private partnerships at technical advisory group Libra Konsult, Inc., said he fully agrees with the new law.
“While we do uphold the sanctity of private property rights in the framework of our representative democracy, there remains the overarching principle that the good of all and for all must supersede individual rights,” he said.
“While a representative democracy underscores the inherent right of an individual, there has to be a tradeoff when such rights are weighed against the rights of the society or community in general.”
The law also applies to private firms engaged in public services that are granted the power of eminent domain under their franchise or other laws, covering sectors such as electricity, petroleum, water pipeline, ports, telecommunications, and irrigation.
It also amended the existing law on government access or expropriation of land for infrastructure projects by clarifying provisions on subterranean or underground rights-of-way.
It covers roads, bridges, power and water pipelines, telecommunications facilities, airports, seaports and irrigation projects, among others.
It also requires agencies to prepare a Right-of-Way Action Plan before acquiring property, which must include a census of affected persons, an inventory of assets, compensation estimates, an implementation schedule, and records of consultations with stakeholders.
Property valuation will be based on the system and market schedules under the Real Property Valuation and Assessment Reform Act, ensuring compensation for land, structures, crops, and other affected assets. — Chloe Mari A. Hufana