CLEARING OF PUBLIC IMPROVEMENTS

WITHIN THE ROW

• Demolition and removal of all affected infrastructure shall be carried out by
the IO
• Reconstruction can be carried out by contract or by administration,
depending on the agreement made with the concerned government entity
- an Agreement to Demolish, Remove, and Reconstruct
Improvements (ADRRI) shall be executed
• Before the demolition, IO must coordinate with the concerned government
entities, such as Barangay Officials, City/Municipal Officials, Provincial
Officials, and Officials of National Government Agencies (NGAs), such as
the Department of Education (DepEd), Department of the Interior and Local
Government (DILG), and the AFP/PNP
• If an ADRRI is executed, the affected infrastructure can be reconstructed by
the IO.
 RELOCATION OF PUBLIC FACILITIES
• Once the ROW limits are established during the conduct of detailed design, an
inventory of public utilities that need to be relocated must be immediately undertaken

• Department’s policies:
1. Public utility surveys and preparation of Utility Relocation Plans shall be
included in the scope of work of the DED to avoid undue delay in RAP
implementation
2. The cost of relocation shall be shouldered by the DPWH for utilities outside
the existing ROW
3. The cost of relocation shall be shouldered by the utility companies for utilities
within the existing ROW
4. Utilities that are not cleared by utility companies within the agreed period of
time shall be cleared by the DPWH after due notice and public announcement
5. All ROs are encouraged to prepare the corresponding MOA with public utility
companies.
Facilities/Assets Owned by Electric Cooperatives

• DOE-DPWH Joint Circulars (JC)

1. JC No. 1, s. 2017 (Joint Guidelines for Payment of Compensation/Recovery Cost of
Electric Cooperatives)
- Execution of Relocation Agreement between IO and EC
- Formula for proper compensation of ECs: a = (b-c) + d
a: Relocation Cost
b: Present Value of Relocated Facility
c: Depreciation Cost of Affected Facility
d: Dismantling/Removal and Disposal Cost of Affected Facility

- EC must remove facility within the time specified in the Agreement

- Failure to relocate due to the willful/negligent acts of EC: IO shall deduct 10% of the
relocation cost for the first day of delay and then 10% of the remaining balance per
day of delay
- Unjust refusal to remove within 10 days from the target date: NEA, with the
assistance of the IO, shall remove at the expense of the EC with imposition of legal
sanction, if any
- IO not liable for interruption costs be reason of the removal/relocation
- Acquisition of Private Properties
1. If affected facility is within ROW, EC shall bear costs for acquisition of the
property necessary for the relocation of the facility
2. If affected facility is within a private property, IO bear costs for acquisition in
accordance with RA 10752

- Relocation of affected facility is exempt from government fees

- Allowable use of ROW by EC for the construction, erection and implementation of
distribution/subtransmission lines subject to proper coordination with the appropriate
government agency

- Clearing of Obstructing Facilities from Existing Government Projects

o NEA and EC shall cause removal and relocation of an improperly located
facility within ROW within 1 year from effectivity of JC No. 1
o Non-removal/relocation within the 1 year period, NEA shall demand EC to
relocate at its own expense, otherwise, NEA, with the assistance of DPWH,
shall relocate at the expense of the EC with imposition of legal sanction, if any
o NEA shall cause the appropriation of funds needed for the clearing of
Obstructing Facilities
2. JC No. 2, s. 2019 (Creation of an IATF for the Final Implementation of Section
13 of JC No. 1)

- Composition of IATF:
Chairman: DOE Undersecretary for Power
Vice-Chairman: DPWH Assistant Secretary
DOE Undersecretary for Power

Members: NEA Deputy Administrator for Technical Services

DOE Director for Power
DOE Director for Legal Services
DPWH Director for Bureau of Maintenance
DPWH Director for Legal Services

Resource persons (as the need arises): DPWH RD, DPWH Director for Finance
Services, DILG RD, General Manager/Officer of EC

- Creation of Inter-agency TWG to assist the IATF

- NEA to submit inventory of all Obstructing Facilities Nationwide
- Based on inventory of NEA, IATF shall direct concerned ECs to
immediately remove obstructing facilities
- Within 15 working days from receipt of demand, EC shall submit
Relocation Plan to DPWH RO, copy furnished NEA and IATF, for
determination of proper compensation
- Within 15 working days from receipt of copy of Relocation Plan, NEA
shall submit to DPWH RO a certification that it agrees with the cost
estimate; If not, inform DPWH that the cost estimate is inconsistent with
the formula as stated in Section 5 of JC No. 1
- Only those ECs who submitted the Relocation Plans of its obstructing
facilities until June 30, 2019 are entitled to compensation
- All relocation activities shall not go beyond December 31, 2019
- Within 30 days from December 31, 2019, NEA shall submit to the IATF
its progress report on the relocation of obstructing facilities
2. JC No. 3, s. 2021 (Providing the Mechanism for the Immediate
Relocation of Electric Poles within the National Government’s Right of
Way)
• Annex A: final list of compensable obstructing facilities; those not
included in the list shall not be compensable and shall be removed by
NEA at the expense of EC
• Immediate relocation of obstructing facilities
- NEA shall cause execution of MOA for the total transfer of funds
allocated by DPWH for FY 2019 and 2020
- NEA shall direct all ECs to complete relocation within 6 months from
downloading of funds to NEA
- Strict compliance of relocation by the ECs shall be monitored by the
joint inspectorate team of DOE, DPWH and NEA
2. JC No. 3, s. 2021 (Providing the Mechanism for the Immediate
Relocation of Electric Poles within the National Government’s Right of
Way)
• Annex A: final list of compensable obstructing facilities; those not
included in the list shall not be compensable and shall be removed by
NEA at the expense of EC
• Immediate relocation of obstructing facilities
- NEA shall cause execution of MOA for the total transfer of funds
allocated by DPWH for FY 2019 and 2020
- NEA shall direct all ECs to complete relocation within 6 months from
downloading of funds to NEA
- Strict compliance of relocation by the ECs shall be monitored by the
joint inspectorate team of DOE, DPWH and NEA
Facilities/Assets Owned by Other Utility Facilities

• Outside existing ROW

- Execution of Utility Relocation Agreement between IO and owner
- Relocation of utilities must be done with the time specified in the Agreement
- Failure to relocate within prescribed time, notice that if not relocated within a
specified time, DPWH shall undertake the relocation at the expense of the owner

• Within existing ROW

- Notice to utility company/cooperative to relocate the facility within a specified period
of time
- Failure to relocate, IO shall issue a press release or advisory that the utility
company has been notified to relocate the utilities to make way for the
implementation of the project
- If no relocation still, IO shall request assistance from the Construction Division of
the RO, DEO or PNP to clear the ROW at the expense of the company
 CLEARING OF PERENNIAL TREES WITHIN
ROW
• Must be undertaken in accordance with the current rules and
regulations regarding the issuance of a “Permit to Cut” from the
DENR

• “Perennial trees” refer to forest trees that are either naturally

occurring, afforested, or reforested by the LGUs, DENR, or NGOs
such as grantees of Community Based Forest Management
Agreement (CBFMA). These exclude privately-owned fruit-bearing
trees, plantations for timber production, and the like.
 STA G E 5: M A N A G EM EN T O F RO W
Objective: to prevent illegal encroachment of newly acquired land and remove illegal structures
from existing ROWs

Lead person: District Engineer Concerned (assisted by the Maintenance Section and the RO)

• Involves proper coordination with the concerned LGUs and Utility Companies

MANAGEMENT OF NEWLY ACQUIRED ROW

• Protection of unused portions of ROW from encroachments by means of the following
measures, whichever is more practical and economical
1. Planting of fast-growing trees which can be harvested every 5 years
2. Fencing of boundary of ROW
3. Utilizing edges of the ROW, leaving the bigger “unused “portion as the center
median
• During the construction of the infrastructure, strictly prohibit “shanty-type” dwelling units,
instead specify orderly rows of bunkhouses for Contractor’s workers
• Do not allow structures, even for temporary use, such as barangay halls, barangay tanod
outposts and police detachment units to be built on ROWs
• Immediately remove minor obstructions such as ambulant cars and small makeshift stalls
or sari-sari stores

MANAGEMENT OF EXISTING ROW

• Coordinate with LGUs and schedule a meeting for briefing on the improved ROW process
• During the meeting, explain the salient points of D.O. 5, s. 2003, particularly the
provisions on proper management of all ROW including the removal and clearing of
encroachments, structures and informal settlers within the ROW limits

• Persuade LGUs to execute MOA with the DPWH that will:

1. Reiterate and enforce the jurisdiction of the DPWH over ROWs
2. Bind the City/Municipal Engineering Office to conduct more rigid ocular
inspections before issuing building permits
 3. Bind the City/Municipal Development Officers/Coordinators to avoid locating
commercial zones along the roadsides of national roads to discourage
encroachment towards the roadway; instead, put greenbelts or buffer zones along
the roadsides to protect ROW from encroachment; and
4. Extension of support from the City/Municipal Office, particularly from the PNP, for
assistance during clearing operations

• Arrange meetings with concerned utility companies and brief them on the improved ROW
process

D.O. 5, S. 2003
Creation of the Infrastructure Right of Way and Resettlement Project Management
Office (PMO) and the Implementation of the Improved ROW Process
• DEOs shall be responsible and accountable for the proper management of all
ROWs and ensure that encroachments, structures, and informal settlers are
not allowed within ROW limits. This task should be accomplished through the
joint coordination and efforts among the DEO, the concerned LGUs, and the
PNP
 D.O. 73, s. 2014
Prohibited Uses within the ROW of National Roads

• Issued pursuant to the provisions of –

1. Section 23, PD No. 17 (Revised Philippine Highway Act), as

amended, declaring as unlawful for any person to usurp any portion
of a right-of-way, to convert any part of any public highway, bridge,
wharf or trail to his own private use or to obstruct the same in any
manner; and
2. PD No. 1096 (National Building Code of the Philippines) and its IRR

• In the context of this DO, ROW includes the carriageway, curb and gutter,
sidewalks, shoulders, canals and other portions within the defined road
right-of-way
• Directed Regional/DEOs to immediately remove or cause the removal of all
obstructions and prohibited uses within the right-of-way (ROW) of all
national roads within their respective jurisdictions and prohibit the
presence/occurrence of the following structures, objects and activities along
national road:

1. Temporary and permanent structures

2. Electric posts and towers, distribution lines; posts for cables of
phones and mobile service providers
3. Driveways and ramps occupying or protruding to the sidewalk
4. Trees, shrubs, and plant boxes
5. Humps
6. Dumping and storage of construction materials
7. Vehicles and equipment
 8. Vending, repair of vehicles, and other businesses within the sidewalk
and other parts of ROW
9. Disposal of household/commercial/industrial wastewater and sewage
into the sidewalk, curb and gutter, and carriageway
10. Raising of animals or allowing them to roam within the ROW
11. Washing and drying of clothes, crops, and similar items.

• No compensation for removal of these structures should clearing

operations for widening, improvement and/or rehabilitation are to be
conducted
• Issuance of three Notices of Obstruction
• Submission of Status Report on the Removal of Obstructions every end of
the 1st and 2nd semester of the year
 TH A N K YO U FO R LISTEN IN G !
VISIT US at the
RIGHT OF WAY ACQUISITION AND LEGAL DIVISION (ROWALD)
2F DPWH-CAR REGIONAL OFFICE, ENGINEERS’ HILL, BAGUIO CITY