The House Committee on Public Works and Highways has begun discussions on the proposed measures amending Republic Act No. 10752, otherwise known as the Right-of-Way Act.
On Thursday, Nov. 17, the House panel chaired by Surigao del Sur 1st District Rep. Romeo Momo started to tackle the five individual House bills filed for such purpose.
House Ways and Means chair and Albay 2nd District Rep. Joey Salceda moved for the creation of a technical working group (TWG) to consolidate the five proposed measures on the facilitation of the acquisition of a right-of-way site.
He also suggested that House Bill (HB) 1973, the law authored by Momo, be used as the “mother bill” for the creation of the substitute bill.
In the bill’s explanatory note, Momo wrote about seeking to “further improve” the acquisition of right-of-way through several amendments to Republic Act No. 10752, or “The Right-of-Way Act.”
HB 1973, or “An Act Amending Republic Act No. 10752, Entitled An Act Facilitating the Acquisition of Right-of-Way, Site, or Location for National Government Infrastructure Projects,” aimed to amend the provisions of the following: modes of acquiring real property, rules on negotiated sale, guidelines for expropriation proceedings, and appropriations for concerned implementing government agencies to acquire right-of-way, site, or location for national government infrastructure projects in advance of project implementation.
Aside from HB 1973, the four other bills to be consolidated are HB 183 by Pampanga 3rd District Rep. Aurelio “Dong” Gonzales Jr., HB 2086 by Bulacan 6th District Rep. Salvador Pleyto, HB 2824 by Batangas 6th District Rep. Ralph Recto, and HB 4601 by Bagong Henerasyon (BH) Party-list Rep. Bernadette Herrera.
Pleyto sought the “immediate passage” of the bill, citing the “undue delays” in project implementation because of issues in right of way.
“I have experienced first-hand the difficulties and rigors executing these projects hampered by issues on road right-of-way acquisition. It was indeed a very daunting task to acquire the right of way, thus much to our desire to complete these projects on time,” he said.
“We were faced with so many issues causing (undue) delays in project implementation. More often than not, these issues sometimes reach the court of law which would result to further delays. Our people, who are the project beneficiaries, our constituents, are waiting,” the lawmaker added.
National and even local road projects are often hampered by right-of-way issues when private owners and even illegal settlers refuse to coordinate with the government on the acquisition of these lands.
OFW Party-list Rep. Marissa “Del Mar” Magsino also raised concerns on the implementing rules and regulations (IRR) of the current law, which requires current owners or occupants of untitled lands to present not only a tax declaration but also proof that their predecessors have continuous possession of the property for at least a cumulative period of 30 years.
“These present difficulties to the owner or occupant in complying with the documentary requirements proving ownership thereby delaying the acquisition of right of ways over the subject untitled lands,” she said.
“The amendment, Mr. Chair, is to allow the tax declaration showing open and continuous possession of the subject property now at least for five years as sufficient proof of ownership and help fast track the acquisition of right of way,” Magsino added.