Road Right-of-Way Measurement: The 20-Meter Rule from the Highway Centerline

The Supreme Court recently settled a recurring question in expropriation cases: from where should a road right-of-way easement be measured? In Republic v. Torres (G.R. No. 274498, April 8, 2026), the Court ruled that the 20-meter right-of-way under the Public Land Act is measured from the centerline of the national highway—not from the edge of the private property line, as the government had argued.

The case involved a homestead patent granted in 1940 under the Public Land Act over a parcel of land in Butuan City. The Department of Public Works and Highways (DPWH) expropriated a 30-meter strip for the widening of the Agusan-Surigao national highway, a section of Asian Highway 26. The property owners opposed the taking, arguing that the government was entitled only to a 20-meter easement and that the just compensation offered—PHP 121,818.20—was grossly inadequate.

The Legal Framework: From 20 to 60 Meters

Section 112 of the Public Land Act originally reserved a right-of-way over lands granted under the law, with damages payable only for improvements. In 1975, Presidential Decree No. 635 amended this provision, increasing the allowable width to 60 meters.

The key question was which version applied. The DPWH's own Department Order No. 11, Series of 2004, provided the answer: if the title was acquired before January 7, 1975, the government is entitled to a 20-meter right-of-way; if acquired on or after that date, the 60-meter rule applies. Since the homestead patent was granted in 1940 and registered in 1941, the 20-meter limit governed.

The Dispute: Where Does the 20 Meters Begin?

The Republic argued that the 20-meter easement should be measured inwards from the edge of the property line. The Torres family countered that it should be measured from the centerline of the existing highway.

The Court rejected the Republic's position. It noted that the Republic's own complaint had described the taking as a "30-meter strip measured from the center line of the existing Agusan-Surigao Road." The parties' admitted facts likewise referred to the centerline. The licensed geodetic engineer who delineated the right-of-way testified that he located it from the centerline, consistent with the DPWH Right-of-Way Acquisition Manual.

The Court held that the Republic could not "alter its stance acknowledging the centerline in its complaint to measuring inwards from the property line" in its petition. To do so would "run counter to due process and offensive to the principles of fair play and justice."

The Practical Effect of the Ruling

The ruling means that from the centerline of the road, a 10-meter width is measured on each side, constituting the 20-meter easement. Since the Republic expropriated 30 meters on one side, the area from the end of the 10-meter easement outward—measuring 20 meters—is subject to just compensation. The case was remanded to the trial court to reconvene the commissioners to determine the exact area and the proper compensation.

The Court also addressed consequential damages. The Torres family claimed damages for the cost of redesigning and re-applying for permits for a memorial park, citing a 25-meter buffer zone requirement. The Court found no concrete evidence that the remaining property would suffer an impairment or decrease in value, and thus denied the claim.

Finally, the Court modified the interest rate ruling, aligning it with Republic v. Heirs of Spouses Bonifacio (902 Phil. 403 [2021]): 6% legal interest per annum on the difference between the final amount adjudged and the initial payment shall accrue from the time of taking until finality of the decision; the total amount shall earn 6% interest from finality until full payment.

Practical Takeaways

• Know the title date. For properties acquired under the Public Land Act, the applicable right-of-way width depends on the date of acquisition: 20 meters if before January 7, 1975; 60 meters if on or after that date.
• The centerline is the baseline. Road right-of-way easements are measured from the centerline of the existing road, not from the property line. This is consistent with DPWH engineering standards and the Right-of-Way Acquisition Manual.
• Damages for improvements only. Under Section 112, the government pays only for improvements on the easement area, not for the land itself—unless the taking exceeds the mandated width.
• Excess taking requires full compensation. If the government expropriates more than the easement allows, the excess area is subject to just compensation at fair market value.
• Document the evidence. Consequential damages require concrete proof of impairment or decrease in value of the remaining property. Speculative claims will not prosper.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.