Hermano Oil Manufacturing & · G.R. 167290

Petitioner: Hermano Oil Manufacturing & Sugar Corporation
Respondent: Toll Regulatory Board
Citation: G.R. No. 167290
Court: Supreme Court
Division: First Division
Ponente: Bersamin, J.
Decided: November 26, 2014

Summary

Hermano Oil Manufacturing & Sugar Corporation sought an easement of right of way to access the North Luzon Expressway from their property, claiming total deprivation of use due to an access fence. The company sued the Toll Regulatory Board and other government agencies for specific performance and damages. All three court levels dismissed the case. The Regional Trial Court ruled it lacked jurisdiction to issue injunctions against government infrastructure projects under Presidential Decree No. 1818 and Republic Act No. 8975. The Court of Appeals affirmed, noting the property was acquired after the NLEX existed and alternative access was available. The Supreme Court upheld the dismissal, emphasizing that government agencies enjoy sovereign immunity, courts cannot enjoin infrastructure projects, and the access fence constituted a valid exercise of police power under the Limited Access Highway Act rather than a compensable taking requiring just compensation.

Statutes applied

Civil Code, Art. 649

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By the Intellegal Editorial Board · November 26, 2014

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