Prohibited use within the right-ofway of national roads

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
CORDILLERA ADMINISTRATIVE REGION

DPWH ENTERPRISE
DATA GLOSSARY

ROAD A general term denoting a public way

for purposes of vehicular traffic, including the
entire area within the road Right-Of-Way.

ROW alias Right-Of-Way, IROW

Infrastructure Right-Of-Way site or
location, with defined physical boundaries,
used for an infrastructure project

LEGAL BASES FOR the row width

of national roads

Presidential Decree No. 17

REVISED PHILIPPINE HIGHWAY ACT, as
amended
Commonwealth Act 141
PUBLIC LAND ACT, as amended
The strict implementation of above laws is
reiterated under DPWH Department Order
No. 11, s. 2004.

LEGAL BASES FOR the row width

of national roads
If the LAND TITLE IS ACQUIRED

BEFORE JANUARY 7, 1975 = the government

is entitled to 20-meter ROW for national
roads

AFTER JANUARY 7, 1975 = 60-meter ROW

for national roads

Dpwhs mandate ON the row of

national roads

Executive Order No. 292, s. 1987

ADMINISTRATIVE CODE OF 1987
Sec. 2. Mandate. The [DPWH] shall be the
States engineering arm and is tasked to carry out
the policy enumerated above [i.e., the planning,
design, construction, and maintenance of
infrastructure facilities, especially x x x flood
control and water resources development systems.

Dpwhs mandate ON the row of

national roads

Executive Order No. 292

Sec. 3. Powers and Functions.The
Department, in order to carry out its mandate,
shall: x x x;
(2)
Develop and implement effective codes,
standards, and reasonable guidelines to ensure the
safety of all public and private structures in the
country x x x;
(3) Ascertain that all public works plans and
project implementation designs are consistent with
current standards and guidelines; x x x.

Dpwhs mandate ON the row of

national roads
DPWH Department Order No. 73, s. 2014
All Regional/District Engineering Offices are
hereby directed to:
1.immediately remove all obstructions/prohibited
uses within the ROW of all national roads within
their respective jurisdictions;
2.Prohibit the presence/occurrence of the illegal
structures/objects/activities; and
3.Strictly disallow the building, erection,
construction, planting, and fabrication of the same.

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
1.

All kinds of
temporary &
permanent
structures such as

buildings, houses,
shanties, stores, shops,
sheds, billboards,
signage, fences, walls,
railings, basketball courts,
garbage receptacles)

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
2.

Posts and towers

of Electric
Cooperatives and
Major Electric Power
Distributors;
distribution lines;
posts for cables of
phones and mobile
service providers;

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
3.

Driveways and
ramps occupying or
protruding to the
sidewalk;

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
4.

Trees, shrubs, and

plant boxes;

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
5.

Humps, whether
permanent or
temporary;

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
6.

Dumping and
storage of
construction
materials, such as

sand, gravel, cement,

lumber and steel bars,
earth spoils, waste
materials, debris,
embankment, heaps,
and the like;

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
7.

Vehicles and
equipment,
including junked
items that are
parked, occupying
or protruding to the
sidewalk or
shoulder;

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
8.

Vending, repair
of vehicles, and
other businesses
within the sidewalk
and other parts of
ROW;

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
9.

Disposal of
household/
commercial/
industrial spills,
wastewater and
sewage into the
sidewalk, curb and
gutter, and
carriageway;

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
10. Raising

of
animals or
allowing them to
roam within the
ROW;

17

PROHIBITED STRUCTURES,
OBJECTS & SIMILAR ITEMS
11. Washing

and
drying of clothes,
crops, and similar
items.

Demolition procedure
REPORT/
COMPLAINT OF
OBSTRUCTION or
VERIFIED
INFORMATION
(by anyone)

OCULAR
INSPECTION for
verification
(by DPWH
Officials)

NOTICE TO
VIOLATORS
directing voluntary
removal of the
prohibited
structures
(by District
Engineers)

Exhaustion of up to 3rd
Notice

IMPLEMENTATION of
removal/demolition/eviction of
illegal structure/violators
(by DEs)

STATUS REPORT on the

removal of obstruction
(by DEs thru IROW Taskforce)

Demolition procedure
REQUIRED DOCUMENTS:
In case the removal or
demolition is NOT
implemented

LEGAL ACTION is initiated

against the Violators

1. Certified true copy of the three (3)

Notice of Obstructions duly
received by the owner of the illegal
structure thereof
2. Verification plan showing the
involved national road, indicating
therein the exact site and an accurate
measurement of the existing illegal
structures and encroachments
3. Clear recent photos depicting the
national road and the illegal structure
4. IROW report
5. Certification that no person has
been singled out nor has been given
preference in the implementation
hereto

Penalties for violators if found guilty

FINE NOT MORE THAN Php 200.00

IMPRISONMENT THREE MONTHS
DEMOLITION OR EVICTION pursuant to
applicable laws
LIABILITY UNDER ART 313 OF REVISED
PENAL CODE for altered boundaries or
landmarks Arresto menor or fine of
Php 100.00 OR BOTH.

Good morning!

I think theres no higher calling in terms of

a career than public service, which is a
chance to make a difference in peoples lives
and improve the world.
- Jacob Joseph Lew
US Attorney /
White House Chief of Staff (2012 2013)