MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ ADMINISTRATIVE ORDER NO. 19, March 25, 2024 ]
CREATING THE INTER-AGENCY COMMITTEE FOR RIGHT-OF-WAY ACTIVITIES FOR NATIONAL RAILWAY PROJECTS
WHEREAS, Section 9, Article III of the Constitution provides that private property shall not taken for public use without just compensation, and the State shall ensure that owners of real property acquired for national government infrastructure projects are promptly paid just compensation;
WHEREAS, Republic Act (RA) No. 10752 or the "Right-of-Way (ROW) Act" authorizes the government acquire real property needed as ROW site or location for any national government infrastructure project through donation, negotiated sale, expropriation, or any other mode of acquisition as provided by law;
WHEREAS, the Philippine Development Plan 2023-2028 and the Administration's 8-Point Socioeconomic Agenda aim to improve transportation by providing sustainable and affordable transportation options that will link communities to economic, social and cultural centers;
WHEREAS, at present, there are various priority infrastructure projects in the transportation sector that are envisioned to boost mobility, enhance connectivity and promote growth centers outside the urban-industrial region, including the Metro Manila Subway Project, North-South Commuter Railway System, Mindanao Railway Project, and Philippine National Railway (PNR) South Long Haul, among others;
WHEREAS, issues concerning land acquisition, as well as resettlement activities for Project Affected Persons (PAPs), adversely affect the timelines for the implementation of railway project;
WHEREAS, there is a need to constitute an Inter-Agency Committee for ROW activities to accelerate the implementation of railway projects, and ensure high-level cooperation and support from concerned government agencies to streamline the process of land acquisition and delivery of services to PAPs; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus, and offices, as well as the mandate to ensure the faithful execution of laws.
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Republic of the Philippines, by the virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1.Inter-Agency Committee for ROW Activities for National Railway Projects. The Inter-Agency Committee for ROW Activities for National Railway Projects (Committee) is hereby created to study and devise an efficient and collaborative mechanism to streamline the process of land acquisition necessary for the implementation of all railway projects. The Committee shall be composed of the heads of the following agencies:
| Chairperson |
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Department of Transportation (DOTr) |
| Co-Chairperson |
: |
Department of Human Settlements and Urban Development |
| Members |
: |
Department of the Interior and Local Government; |
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Department of Social Welfare and Development; |
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Department of Environment and Natural Resources; |
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Department of Finance; |
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Department of Budget and Management; |
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Department of Justice; and |
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Office of the Solicitor General. |
The PNR shall serve as the Secretariat of the Committee, and shall provide administrative and technical support to the Committee.
The Chairperson, Co-Chairperson, and members of the Committee may designate their respective alternates, with ranks not lower than Assistant Secretary or its equivalent, who are fully authorized to decide for or on their behalf.
The Committee shall regularly convene at least once every quarter or as often as may be deemed necessary by the Chairperson.
Section 2. Powers and Functions. The Committee shall have the following powers and functions:
a. Coordinate among concerned agencies regarding the implementation of railway policies, programs, and projects;
b. Craft and approve project-specific policies, programs, and manuals consistent with relevant laws, rules and regulations, and social and environmental safeguards;
c. Identify the appropriate services or programs, as well as the specific implementing govenrment agencies, to ensure effective completion of these services and programs in relation to land acquisition and other ROW activities, such as livelihood, income restoration, and resettlement;
d. Identify effective existing policies, agreements, contracts, and other similar arrangements between and among government agencies, and consider adopting or enhancing the same;
e. Consolidate and mobilize agency resources to streamline and synchronize budgeting and implementation of relevant programs and projects;
f. Review, deliberate and resolve or act on issues and grievance complaints elevated to the Committee;
g. Create, convene and reorganize technical working groups to assist in the implementation of this Order; and
h. Perform such other functions as may be directed by the President and/or the Executive Secretary.
Section 3. Convergence. The Committee may call upon the assistance of concerned government agencies and entities, as may be necessary in the performance of its functions. For this purpose, all concerned agencies and instrumentalities of the National Government, including government-owned or controlled corporations are hereby directed, and all local government units are hereby encouraged, to undertake efforts in support of the implementation of this Order.
Section 4. Reporting. The Committee shall submit to the President, through the Office of the Executive Secretary, a bi-annual report detailing, among others, the Committee's accomplishments, and status of land acquisition and ROW activities for ongoing railway projects.
Section 5. Funding. The funds necessary for the implementation of this Order shall be charged against the available appropriations of concerned agencies, subject to pertinent budgeting, accounting, and auditing laws, rules and regulations. Thereafter, the funding requirements for succeeding years shall be included in the annual General Appropriations Act, subject to the usual budget preparation process.
Section 6. Implementing Guidelines. Within thirty (30) workings days from the effectivity of this Order, the Committee, in coordination with relevant government agencies, shall formulate the guidelines necessary to effectively implement this Order.
Section 7. Separability. If any part or provision of this Order shall be held invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.1aшphi1
Section 8. Repeal. All issuances, orders, rules and regulations or parts thereof, that are inconsistent with this Order, are hereby repealed or modified accordingly.
Section 9. Effectivity. This Order shall take effect immediately following its complete publication in the Official Gazette or in a newspaper of general circulation.
DONE in the City of Manila, this 25th day of March, in the year of Our Lord, Two Thousand and Twenty-Four.
(Sgd.) FERDINAND R. MARCOS, JR.
By the President:
(Sgd.) LUCAS P. BERSAMIN
Executive Secretary
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