SC assigns more special expropriation courts for railway projects

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SC assigns more special expropriation courts for railway projects
  • The Supreme Court designated additional courts as special expropriation courts to help expedite resolution of cases involving national railway projects
  • The regional trial courts are in the National Capital Judicial Region and the Third, Fourth, Fifth, and Eleventh Judicial Regions
  • Effective June 18, 2024, the designated courts were directed to give priority to such cases in accordance with requirements under the Right-of-Way Act

The Supreme Court has designated more special expropriation courts to help expedite the resolution of cases involving national railway projects.

In Administrative Matter No. 24-06-65-RTC, the High Court designated Regional Trial Courts  (RTCs) in the National Capital Judicial Region and the Third, Fourth, Fifth, and Eleventh Judicial Regions to hear, try and decide expropriation cases involving national railway projects such as the Metro Manila Subway Project (MMSP), North-South Commuter Railway System (NSCR), Mindanao Railway Project, and Philippine National Railway South Long-Haul Project.

The order includes 10 branches under the National Capital Judicial Region, six branches in the Third Judicial Region, 11 branches in the Fourth, five branches in the Fifth, and three branches in the Eleventh. Effective June 18, 2024, the designated courts were directed to give priority to national railway project expropriation cases in accordance with requirements under Republic Act No. 10752 or Right-of-Way Act and existing rules and guidelines.

All such cases filed in the stations will be assigned to the designated courts and judges.

Relatedly, President Ferdinand Marcos, Jr. last March issued Administrative Order No. 19, establishing an inter-agency committee for right-of-way (ROW) activities for national railway projects. AO 19 is designed to streamline the land acquisition process necessary for the implementation of railway projects across the country.

Department of Transportation undersecretary for railways Jeremy Regino earlier said they are currently undertaking two major ROW acquisitions ((ROWA) simultaneously for the MMSP and NSCR projects, with the former being the “biggest in scope” in terms of ROWA in any government infrastructure project.

Regino noted though that expropriation of property would be the government’s last recourse should negotiations with affected property owners face an impasse.

“We have now shortened the negotiation process. If there will be no agreement, we will have to file expropriation proceedings but without prejudice to continue with the negotiations,” Regino said.

“We are doing our best to convince property owners, all things considered, that their concerns are already factored in,” he said.

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