Constructors seek special courts for right-of-way issues

Local construction firms, through the Philippine Constructors Association (PCA) are asking President Rodrigo Duterte to use emergency powers (if granted by congress) to put up special courts exclusively for the handling of right of way issues.

The proposed emergency power, which Duterte is asking from Congress will be used to address the worsening land and air traffic conditions in the country.

DM Consunji Inc. President Jorge Consunji said one of the keys to fast track PPP-related projects is to have a special court that would focus on resolving disputes involving right of ways (ROWs) or easements.

“We need a special court that would resolve the right of way issues. This has been the culprit of delays in the infrastructure projects of the government. This should be included in the President’s emergency powers,” Consunji said.

At present, ROW controversies fall within the jurisdiction of the Regional Trial Courts (RTC). However, RTC judges are already swamped with so many cases pending before them that they cannot possibly resolve ROW cases swiftly.

Thus, Consunji said they are proposing the conversion of some of these regular courts into full time ROW courts.

“When you have a special court, you speed up the process because the special court could promptly summon all the interested parties through its coercive process, and immediately settle the ROW issues,” Consunji said.

On the other hand, Consunji said that, “when we go to a regular court, it would take so much time when in fact the Philippines need to do a lot of catching up in terms of ramping up its infrastructure facilities.”

“The courts should also have a time frame within which the ROW issue should be resolved, e.g., within six months, and provide for the corresponding amount of just compensation,” he said.

He added that, should the contractors and workers need additional security in their project sites, a ROW court should also be able to readily issue an order to provide this, free of charge.

Consunji said the proposal was already being communicated by the PCA to the government. He is an active member and a former president of the PCA.

To date, sources from the Department of Public Works and Highways said that about R15 billion worth of ROWs have not yet been paid for — resulting in delays in the implementation of the projects. This is aside from prolonged disputes between the land owners and the government.

“When you say right of way, that is not only on the surface or where you would build roads or elevated structures, it is more complicated than that,” Consunji said.