3 weeks ago
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The site inspection of the Metro Manila Subway Project.
Released / Department of Transportation
MANILA, Philippines — The Department of Transportation (DOTr) may no longer complete big-ticket railways under the Marcos administration, as it is faced with a legal opinion that could hamper the acquisition of right of way (ROW).
Sources within the DOTr said it would be challenging for the Marcos administration to attain its goal of opening the P873.6-billion North-South Commuter Railway (NSCR) and P488.5-billion Metro Manila Subway Project (MMSP) within its term.
Currently, the DOTr has stopped procuring ROW for both projects after receiving a DOJ opinion favoring Republic Act (RA) 10752, or the ROW Act, over financing agreements.
Sources said the best that the Marcos administration can partially operate by 2028 is a portion of the Malolos-Clark Railway Project, which is a segment of the NSCR. The MMSP is also facing ROW delays, and contractors are limited to doing subterranean works right now.
There is a dispute in the rules for ROW acquisition between the ROW Act and loan agreements with multilaterals. The Japan International Cooperation Agency (JICA), for instance, requires the government to pay people who will be displaced by projects, including informal settlers.
“Prior compensation, at full replacement cost, must be provided as much as possible,” JICA said in its guidelines for resettlement action plan.
However, the ROW Act mandates no payment for informal settlers affected by projects, but they have to be moved to a resettlement site with basic facilities and services.
The law demands that informal settlers be moved to a relocation site, and if they refuse, the court has to issue a writ of demolition to remove their properties.
The NSCR spans 147 kilometers between the Clark International Airport and Calamba, Laguna, cutting travel time from point to point to two hours. It is being built in the alignment parallel to the current track of the Philippine National Railways.
Partial operations of the NSCR—from Clark to Valenzuela City—are scheduled to open by 2027, with the entire line to Calamba slated for completion by 2029. The NSCR is expected to carry as many as 800,000 passengers daily.
The MMSP, the first underground rail in the Philippines, will stretch for 33 kilometers in Metro Manila, decreasing travel time from Valenzuela City to the Ninoy Aquino International Airport to 35 minutes.
The DOTr is planning to partially operate the MMSP from East Valenzuela and North Avenue by 2028.
