Palpak

The Department of Transportation must be jinxed.

- BOO CHANCO

Through the years, over several administrations, it can't seem to get its projects done on time. Yet, it is a very important infrastructure agency with very vital projects that should have been delivered decades ago. Let us see a few examples, starting with what DOTr can no longer deliver during BBM's term.

That includes the two major railway projects, the P873.6-billion North-South Commuter Railway (Clark to Calamba or NSCR) and the P488.5-billion Metro Manila Subway Project (MMSP).

The reason: right of way problems.

The projects are funded by the Japanese government and the Asian Development Bank. The loan covenants our government signed with JICA and ADB require our government to pay people who will be displaced by projects, including informal settlers at full replacement cost.

However, Congress passed the ROW Act (RA 10725), that mandates no payment for informal settlers affected by projects, but they have to be moved to a resettlement site with basic facilities and services. The law demands that if they refuse, the court has to issue a writ of demolition to remove their properties.

Under the ROW Act the government is prohibited from providing financial compensation for the demolished homes of informal settlers. However, foreign loan agreements require payments to all affected residents, regardless of legal status.

There is now a question of which one takes precedence, a loan covenant with a foreign government or a law passed by our Congress. DOTr received a DOJ opinion favoring RA 10752, over financing agreements. The problem is, without the JICA financing, there is no project.

JICA and ADB require compliance to the loan covenant.