House Bill 5588 is also known the “The Right-of-Way Act” which simplifies the mode of

acquiring right-of-way for government projects. This amends Republic Act 8974, “An Act to
Facilitate the Acquisition of Right-Of-Way, Site or Location for National Government
Infrastructure Projects and For Other Purposes.” National government infrastructures are valuable
in terms of public welfare and the development of a country because they are investments in the
nation’s economy and future. These infrastructure like roads, bridges, classrooms and public
markets, are responsible for the mobility of the communities, the day-to-day operations of business
on all levels and the delivery of basic services. The Republic Act was amended to balance the
interest of the State and of private land owners and ensure the that projects are completed properly
and efficiently with the consideration of public rights. National Government Projects refer to all
national government infrastructure projects and public service facilities, engineering works and
service contracts, including projects that are government-owned and controlled operations. This
Act means that the government can acquire real property needed as right-of-way site or location
for any national infrastructure government project through donation, negotiated sale,
expropriation, or any other mode of acquisition as provided by law. This bill guarantees that the
implementing agency can offer to acquire the property though negotiated sale, the right-of-way
site for a national government infrastructure project, the sum of the current market value of the
land, the replacement cost of the structures and improvements therein and the current market value
of the crops and trees in the negotiated property. The implementing agency is also mandated to
take into consideration the ecological and environmental impact of the project and before any
national project is to be undertaken, the implementing agency has to consider environmental lawa,
land use ordinances and all provisions from Republic Act No. 7160 also known as the “Local
Government Code.” The Housing and Urban Development Coordinating Counsil (HUDC) and the
National Housing Authority (NHA), in coordination with the Local Government Units (LGUs)
will be the ones in charge of establishing resettlement sites for informal settles, including the
provision of adequate basic services and community facilities. The Revised Philippine Highway
Act, Section 23 of Presidential Decree No. 17 states that all Regional/District Engineering Offices
are hereby directed to immediately remove or cause the removal of all obstructions and prohibited
uses within the right-of-way of all national roads within their respective jurisdictions and prohibit
the presence/occurrence of structures, objects and such other similar items and activities along our
national roads as well as strictly disallow the building, erection, construction, planting, and
fabrication of the same. Structures like private temporary or permanent structures such as
buildings, houses, stores, shops, stalls, posts, fences, wall, railings, basketball courts, billboards,
driveways or ramps occupying or protruding to the sidewalk, humps (whether permanent or
temporary), business within the sidewalk. All highways in the "national" system to be improved,
paved, reconstructed or constructed after the passage of this Act shall have a right-of-way of ample
width and wearing surface of an adequate width which shall not be less than the minimum
standards now established by the Division of Highways of the Bureau of Public Works, unless, in
the opinion of the Secretary of Public Works and Communications, such is impracticable by reason
of physical conditions, excessive costs, probable traffic requirements or legal obstacles. . The
easement of right of way shall be established at the point least prejudicial to the servient estate,
and, insofar as consistent with this rule, where the distance from the dominant estate to a public
highway may be the shortest. . The width of the easement of right of way shall be that which is
sufficient for the needs of the dominant estate, and may accordingly be changed from time to time.