By BiliranIsland.com Staff
BiliranIsland.com
First Posted 14:30:00 04/02/2014


After a study showed the victims in more than half of crashes along national roads are pedestrians, the Department of Public Works is now working to take back the right-of-way (ROW) in national roads.

‘Obstructions’

The DPWH considers the following items as obstructions within the ROW:

– private and permanent structures such as buildings
– houses
– shanties
– stores
– shops
– sheds
– posts
– canopies
– billboards
– signage
– advertisements
– fences
– walls
– railings
– basketball courts
– garbage receptacles
– plants and plant boxes
– driveways and ramps occupying or protruding to the sidewalk
– humps
– construction materials (gravel, sand, cement, lumber, steel bars, waste materials, etc.)
– vehicles and equipment that are junked, parked, and occupying or protruding to the sidewalk or shoulder.

Houses and properties affected by the road widening project of DPWH Biliran.
Houses and properties affected by the road widening project of DPWH Biliran.

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Simplified Guidelines for Validation and Evaluation of IROW Claims

1. Commonwealth Act 141, 1936 (Public Land Act) – Section 112- Public lands shall
further be subject to the right of way not exceeding twenty meters in width for public
highways, railroads, irrigation ditches, aqueducts, telegraph and telephone liens, and
similar works as the Government or any public or quasi-public services or enterprise,
including mining or forest concessionaires, may reasonably require for carrying on
their business, with damages for improvements only.

2. Executive Order No. 47, s. 1936 – …. In order to preserve the natural growth of
timber along proposed roads and to make provisions for appropriate planting and
roadside beautification, the width of Right-of- Way (ROW) for national and provincial
roads constructed through public land is hereby fixed at sixty (60) meters. ROW
widths of sixty meters shall also be reserved in laying out the provincial street of town
sites located on public land, and minimum width of fifteen meters for other streets.

3. Executive Order No. 194, s. 1939 – … National roads shall have ROW not less
twenty meters: Provided, that a ROW of at least sixty meters shall be acquired for
roads constructed through unpatented public land. …. Provincial roads shall have a
right of way of not less than fifteen meters: Provided that a ROW of at least sixty
meter shall be acquired for roads constructed through unpatented public
land…..Municipal roads shall have ROW of not less than ten meters: Provided, that the
principal street of town sites located on public land shall have a width of sixty meters
and all other streets a width of not less than fifteen meters.

4. Executive Order No. 294, s. 1940 – …..The width of ROW for national and
provincial roads constructed through public domain is hereby fixed at sixty (60)
meters: Provided that ROW of at least one hundred twenty meters shall be reserved
through naturally forested areas of aesthetic or scientific value. ROW width of sixty
meters shall also be reserved in laying out the principal streets of town sites located
on public land, and a minimum width of fifteen meters for other streets.

5. Executive Order No. 483, s. 1951 – …. National roads shall have a ROW of not
less than twenty (20) meters: Provided that ROW of at least sixty meters shall be
reserved for roads constructed through unpatented public land and at least one
hundred twenty meters reserved through naturally forested areas of aesthetic or
scientific values. …. Provincial roads shall have a ROW of at least sixty meters (60)
meters shall be reserved for roads constructed through unpatented public
land….Municipal and City Roads shall have a ROW of not less than ten (10) meters:
Provided, that the principal streets of town sites located on public land shall have a
width of sixty (60) metes and all other streets a width of not less than fifteen (15)
meters.

6. Proclamation No. 336, 1952 – Pursuant to the provisions of Section 83 of CA 141,
as amended, commonly known as the Public Land Act, I hereby withdraw from
settlement, except as hereinafter provided, all lands of the public domain suitable for
agricultural purposes, located within a strip six kilometers wide on each side of the
following proposed roads: namely,

a. Zamboanga-Pagadian Road, Province of Zamboanga. The reservation of strip
of land for government purposes can be verified in the annotation in the Deed
or Title which read as follows: Road Right of Way Agreement in favor of the
City of Zamboanga- Grant or cession of a perpetual easement of a right of
way 60 meters in width over and thru the land covered by this certificate of
title for road purposes… Date of inscription Nov. 9, 1953. (the example is
supplied)

b. Davao-Agusan Road, Provinces of Davao and Agusan
c. Labungan-Tupi Road, Province of Cotabato
d. Malabang-Maranding Road, Province of Lanao

The disposition of lots within these areas shall be without prejudice to existing rights.

7. Executive Order No. 113, s. 1955 – ….National roads shall have a ROW of not less
than twenty (20) meters: Provided that a ROW at least sixty meters shall be reserved
for roads constructed through unpatented public land and at least one hundred twenty
meters reserved through naturally forested areas of aesthetic or scientific values. ….
Provincial roads shall have a ROW of not less than fifteen (15) meters, which may be
widen to twenty meters, provided that ROW at least sixty meters (60) meters shall be
reserved for roads constructed through unpatented public land….Municipal roads. …,
provided that the principal streets of town sites located on public land shall have a
width of sixty meters and all other streets a width of not less than fifteen (15) meters.

8. PD 635, Jan. 7, 1975, The twenty meter strip reserved for public use as mandated
in Section 112 of CA 141 was subsequently increased to sixty meter.

9. Executive Order No. 621, s. 1980 (Amended EO 113, s. 1955) …National roads
shall have a right of way of not less than twenty (20) meters, provided that such
minimum width may be reduced at the discretion of the Minister of Public Highways to
fifteen (15) meters in highly urbanized areas, and that a right of way of at least sixty
(60) meters shall be reserved for roads constructed through unpatented public land
and at least one hundred twenty (120) meters reserved through naturally forested
areas of aesthetic or scientific value.

Source:
Simplified Guidelines for Validation and Evaluation of IROW Claims
DPWH to take back right-of-way at national

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