Sources within the Department of Transportation have said it is unlikely that projects such as the Metro Manila Subway, North-South Commuter Railway (NSCR), and LRT-1 Cavite Extension would be completed within the term of President Ferdinand Marcos Jr. after a legal opinion released by the Department of Justice (DOJ) prompted the agency to pause right of way acquisitions indefinitely, except for cases already in the process of expropriation and those that involve subterranean land.

LRT-1 Cavite Extension to open 5 new stations this November

Based on the document obtained by ABS-CBN News, the DOJ noted that in case of conflict, Republic Act 10752 or the ROW Act should prevail over the terms and conditions of the government’s loan agreements with project funders, namely, the Japan International Cooperation Agency (JICA) and the Asian Development Bank (ADB), which fund the bulk of the infrastructure projects.

But under JICA’s 2010 Guidelines for Environmental and Social Consideration, the Philippine government may only demolish structures once those affected by the project, like informal settlers and other entities, are fully paid.

“Prior compensation, at full replacement cost, must be provided as much as possible,” it said.

In contrast to this, the local ROW law allows payments to be made in tranches.

And while the law states that informal settlers be relocated, it is unclear if they are entitled to compensation for the replacement cost of their structures— which could again lead to a violation of JICA guidelines, particularly along the route of the Philippine National Railways which will be followed by the NSCR.

According to the source, there was an attempt to resolve this conflict in the proposed amendment to the ROW law but lawmakers failed to pass the bill before the 19th Congress went on election recess. 

Former Transport Secretary Jaime Bautista on Monday said discussions were earlier held with DOJ officials. He added that negotiations for right-of-way acquisitions continue despite the legal opinion due to exemptions allowed by law.

"Tuloy tuloy pa rin naman... I already talked to DOJ Undersecretary a few weeks ago and they said we can get exemptions on these so mukhang okay naman tayo doon," Bautista said during the turnover ceremony for the new transport chief.

Meanwhile, newly appointed Transport Secretary Vince Dizon said he needs to study the situation on the ground before making an assessment.

"But suffice it to say, we will do everything we can to speed things up. That’s the order of the President. Sabi ng Pangulo natin, kailangan pabilisin kasi hirap na hirap na yung mga kababayan natin and they need these projects to go on time as quickly as possible," he said.

"Parallel" movements by all concerned agencies such as the SOG and the DOJ is key to addressing the ROW issue.

"Solving right of way projects is not just a problem of DOTr, diba? it needs to be a whole-of-government approach," Dizon said.

DOTr initially aimed to complete the construction of the P488 billion underground railway project, which would connect Valenzuela to Parañaque, before the end of the Marcos administration. Now it is eyeing partial operations from East Valenzuela and North Avenue by 2028.

Meanwhile, the partial operation of the P873 billion NSCR from Clark to Valenzuela is targeted to commence by late 2027 or early 2028. 

Beyond the rail sector, the source also warned that the DOJ opinion could have implications as well on other infrastructure projects, whether under the DOTr, Department of Public Works and Highways, or any other agency.