The P488-billion Metro Manila Subway Project  is unlikely to be finished by the end of President Ferdinand Marcos Jr’s term in 2028, with partial operations of the subway likely in 2032, Transportation Secretary Vince Dizon said Wednesday.

Dizon said delays due to right of way issues, which he only found out after he took over as DOTr chief, have stalled the project.

“Napakarami pong delays. Mukhang mahihirapan tayo na matapos ‘yung subway ng 2028. Mukhang malabo po 'yan. Pipilitin natin pero masuwerte na po kung makakaisang istasyon tayo," he said in a TeleRadyo Serbisyo interview.

“Ayoko naman magsasabi at magbibitaw ng pangako na alam ko naman na mapapako lang. Sa tingin ko, partial operations by 2032 pwede,” he added.

Sources within the Department of Transportation earlier 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.

Big-ticket railway projects unlikely to finish within Marcos term due to right-of-way roadblocks

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 Transportation Secretary Jaime Bautista earlier told reporters awarding of three remaining contract packages for the subway was moved at least 2 times due to right-of-way issues.

He said DOTr encountered problems with both the private sector and even some government agencies such as the Department of Education. Some homeowners opposed subway construction underneath their properties due to safety concerns.

Right-of-way issues hamper awarding of remaining contracts for Metro Manila Subway