AN ACT INSTITUTING REFORMS IN THE ACQUISITON OF RIGHT-OF-WAY FOR INFRASTRUCTURE PROJECTS BY THE NATIONAL GOVERNMENT AND BY PUBLIC SERVICE PROVIDERS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10752, OTHERWISE KNOWN AS "THE RIGHT-OF-WAY ACT"

[ REPUBLIC ACT NO. 12289, September 12, 2025 ]

AN ACT INSTITUTING REFORMS IN THE ACQUISITON OF RIGHT-OF-WAY FOR INFRASTRUCTURE PROJECTS BY THE NATIONAL GOVERNMENT AND BY PUBLIC SERVICE PROVIDERS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10752, OTHERWISE KNOWN AS "THE RIGHT-OF-WAY ACT"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Accelerated and Reformed Right-of-Way (ARROW) Act".

Section 2. Declaration of Policy. - The Stare affirms that private property shall not be taken for public use without just compensation. It shall ensure that owners of real property acquired for national government infrastructure projects and private infrastructure projects for public use are promptly paid just compensation, based on a nationally consistent real property valuation for a more expeditious acquisition of the required right-of-way for the projects.

It is also declared a policy of the State to recognize the importance and participation of the private sector in delivering public services. To this end, the State shall encourage private enterprise involvement and facilitate the acquisition of right-of-way sites or locations for private infrastructure projects for public use to ensure a more efficient delivery of public services.

Section 3. Section 3 of Republic Act No. 10752 or "The Right-of-Way Act" is hereby amended to read as follows:

Section 4. Section 4 of Republic Act No. 10752 is hereby amended to read as follows:

Section 5. A new Section 5 is hereby inserted after Section 4 of Republic Act No. 10752 and the subsequent section shall be renumbered accordingly:

"Section 5. Entry and Use of Property Within Ancestral Domains. - In the exercise of the power of eminent domain which involves the acquisition land within ancestral domains covered by Certificates of Ancestral Domain Title (CADT) or are confirmed by the National Commission on Indigenous Peoples (NCIP) to be part of the ancestral domain but are pending issuance of the CADT, the provisions of Republic Act No. 8371 or 'The Indigenous Peoples' Rights Act of 1997' shall apply."

Section 6. Section 5 of Republic Act No. 10752 is hereby amended to read as follows:

Section 7. Guidelines for Expropriation Proceedings. - Whenever it is necessary to acquire real property for the right-of-way site or location of an infrastructure project through expropriation by the government or private entity, the appropriate implementing agency, through the Office of the Solicitor General, the Office of the Government Corporate Counsel, their deputized government or private legal counsel, or the private entity, through its designated legal counsel, shall immediately initiate the expropriation proceedings before the proper court under the following guidelines:

Section 8. Section 7 of Republic Act No. 10752 is hereby amended to read as follows and the subsequent sections shall be renumbered accordingly:

Section 9. Section 9 of Republic Act No. 10752 is hereby amended to read as follows:

"Section 10. Relocation of Informal Settlers. - The DHSUD, through the appropriate key shelter agency, in coordination with the LGUs and implementing agencies concerned, shall establish and develop resettlement sites for informal settlers, including the provision of adequate basic services and community facilities, in anticipation of informal settlers that have to be removed from the right-of-way site or location of future infrastructure projects, pursuant to the provisions of Republic Act No. 7279, as amended. Whenever applicable, the concerned LGUs shall provide and administer the resettlement sites.

In case the expropriated land is occupied by informal settlers who refuse or are unable to demolish their structures and other improvements therein despite the writ of possession issued by the court under Section 7 hereof, the court shall issue the necessary writ of demolition for the purpose of dismantling any and all structures found within the subject property. The implementing agency shall take into account and observe diligently the procedure provided in Section 28 and 29 of Republic Act No. 7279."

Section 10. A new Section 11 is hereby inserted after the renumbered Sections 10 of Republic Act No. 10752 and the subsequent sections shall be renumbered accordingly:

"Section 11. Relocation of Utilities and Facilities Owned by Utility Providers Affected by a National Government Project. - The just compensation related to relocation of utilities owned by utility providers affected by a national government project shall be determined based on the guidelines of the concerned regulatory body. This shall include, among others, compensation for direct and indirect costs.

The inter-agency committee constituted under Section 19 of this Act shall issue the implementing rules and guidelines for this provisions."

Section 11. Section 10 of Republic Act No. 10752 is hereby amended to read as follows:

Section 12. Section 11 of Republic Act No. 10752 is hereby amended to read as follows:

"Section 13. Regulation of Developments Within Declared Right-of-Way. - Upon approval of an infrastructure project by the head of the implementing agency concerned, with funding authorized in the General Appropriations Act and with approved parcellary survey plans, no national government agency or LGU shall, within two (2) years from date of notice of taking, allow any development or construction, or issue any building, construction, development, or business permit contrary to the approved plans and purposes of the project, within the right-of-way, unless explicitly authorized by the head of the implementing agency for justifiable reasons. The implementing agency shall provide the concerned national agencies and LGUs a copy of the notice of taking upon its issuance."

Section 13. Section 12 of Republic Act No. 10752 is hereby amended to read as follows:

"Section 14. Sanctions. - Violation of any provision of this Act shall subject the government official or employee concerned to appropriate administrative, civil, or criminal sanctions, including suspension or dismissal from the government service and forfeiture of benefits in accordance with the provisions of the law.

Violation by a private entity of any provision of this Act shall subject its president, manager, director, trustee, or responsible officers to civil or criminal sanctions."

Section 14. A new Section 15 is hereby inserted after the renumbered Section 14 of Republic Act No. 10752 and the subsequent sections shall be renumbered accordingly:

"Section 15. Applicability of Republic Act No. 8975. - The provisions of Republic Act No. 8975 on the prohibition and penal sanction on the issuance of temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions shall apply."

Section 15. A new Section 16 is hereby inserted after the new Section 15 of Republic Act No. 10752 and the subsequent sections shall be renumbered accordingly:

"Section 16. Guidelines on Information Sharing and Assistance for Right-of-Way Acquisition. - All concerned departments, agencies, instrumentalities, bureaus, and offices of the government, including GOCCs and LGUs, and private entities shall extend prompt assistance and provide relevant data for acquisition of right-of-way by implementing agencies or private entities. This shall include, but is not limited to, information and support related to appraisal, expropriation, resettlement of informal settler families, utility relocation, and permitting.

The inter-agency committee constituted under Section 19 of this Act shall issue the implementing rules and guidelines for this provision."

Section 16. A new Section 17 is hereby inserted after the new Section 16 of Republic Act No. 10752 and the subsequent sections shall be renumbered accordingly:

"Section 17. Foreign-Assisted Projects. - The guidelines and procedures concerning right-of-way acquisition, including resettlement action plans, under the approved loan or grant agreements signed and executed by the Government of the Philippines and the Official Development Assistance (ODA) institution, shall be observed.

Additionally, the required international social safeguards for PPP projects or projects with a PPP component, where an international financing institution (IFI) handles project preparation and transaction advisory services, shall also be observed.

In case of conflict or ambiguity between the provisions of this Act and the ODA guidelines, including the relevant international social safeguards and/or environmental, social, and governance guidelines, the latter shall prevail."

Section 17. A new Section 18 is hereby inserted after the new Section 17 of Republic Act No. 10752 and the subsequent sections shall be renumbered accordingly:

"Section 18. Public Disclosure of Essential Right-of-Way Information. - The implementing agency or the private entity shall publish, through their respective websites, essential information on the right-of-way acquisition process such as, but not limited to: status of row claims and status of expropriation cases, subject to the provisions of Republic Act No. 10173 or "The Data Privacy Act of 2012'."

Section 18. Section 13 of Republic Act No. 10752 is hereby amended to read as follows:

Section 19. Transitory Clause. - The provisions of this Act shall apply to all right-of-way transactions, except those which, as of the effectivity of this Act, the implementing agency or the private entity and the property owner have reached a written agreement on the agreed amount of compensation.

Section 20. Separability Clause. - If any provision of this Act is declared unconstitutional, the remainder thereof not otherwise affected shall remain in full force and effect.

Section 21. Repealing Clause. - All laws, presidential decrees, executive orders, letters of instruction, proclamations, or administrative regulations that are inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Section 22. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved

This Act, which is a consolidation of Senate Bill No. 2821 and House Bill No. 6571, was passed by the Senate of the Philippines and the House of Representatives on June 11, 2025.

Approved: SEP 12 2025

(SGD.) FERDINAND ROMUALDEZ MARCOS JR.
President of the Philippines

"Section 3. Coverage. - This Act shall apply to:

"Section 4. Modes of Acquiring Real Property. -

"Section 6. Rules on Negotiated Sale. - The implementing agency or the private entity may offer to acquire, through negotiated sale, the right-of-way site or location for a national government infrastructure project or private infrastructure project, respectively, under the following rules:

"Section 8. Standards for the Assessment of the Value of the Property in Expropriation Cases. - In order to facilitate the determination of the market value o the property, the following relevant standards shall be observed:

"Section 12. Appropriations for Acquisition of Right-of-Way Site or Location for National Government Infrastructure Projects in Advance of Project Implementation. - The government shall provide adequate appropriations that will allow the concerned implementing agencies to acquire the required right-of-way site or location for national government infrastructure projects in advance of project implementation. These appropriations shall cover the funds needed to cover the following expenses for activities directly related to right-of-way acquisition for the projects as provided in this Act:

For Public-Private Partnership (PPP) projects, appropriations for the acquisition of right-of-way shall be in accordance with Republic Act No. 11966, its implementing rules and regulations (IRR), and any amendments thereto."

"Section 19. Implementing Rules and Regulations (IRR). - A committee shall prepare, in consultation with key stakeholders, the IRR for the proper implementation of this Act within sixty (60) days from its approval.

The committee shall be composed of the following officials or their duly designated representatives: