Challenges Encountered in Urban Areas
- The Ministry of Public Highways faced difficulties acquiring land for road widening in highly urbanized areas.
- Roads require widening to 20 meters, but both sides often have permanent residential and commercial buildings.
- Property owners are reluctant to sell due to lack of alternative lots and sentimental reasons linked to inherited properties.
Proposed Minimum Width Adjustment
- Engineers proposed reducing the minimum width to 15 meters for national roads in highly urbanized areas.
- This reduction is contingent upon altering road design to include closed drainage, curbs, and gutters.
- Such design adjustments can be more cost-effective than land expropriation and building demolition.
Social Considerations for Dislocation
- Minimizing social disruption caused by residents' relocation is a priority.
- The amendment seeks to reduce social problems arising from enforcing the 20-meter minimum width in urban areas.
Amendment to Executive Order No. 113
- The minimum width of national roads remains 20 meters as a general rule.
- The Minister of Public Highways may reduce the width to 15 meters specifically in highly urbanized areas.
- A right of way of at least 60 meters is reserved for roads through unpatented public land.
- A right of way of at least 120 meters is reserved through naturally forested areas of aesthetic or scientific value.
Effectivity and Authority
- The amendment took effect immediately upon issuance on September 18, 1980.
- It was promulgated by President Ferdinand E. Marcos under constitutional authority.
Key Legal Concepts
- Executive orders as instruments to amend previous executive issuances.
- Ministerial discretion in adjusting road width standards based on urban development context.
- The balance between infrastructure development and social impact mitigation.
- Reservation of wider rights of way for roads passing through undeveloped or environmentally significant areas.