Case Digest (G.R. No. 167290)
Facts:
Hermano Oil Manufacturing & Sugar Corporation v. Toll Regulatory Board, Engr. Jaime S. Dumlao, Jr., Philippine National Construction Corporation (PNCC) and Department of Public Works and Highways (DPWH), G.R. No. 167290, November 26, 2014, First Division, Bersamin, J., writing for the Court.The petitioner, Hermano Oil Manufacturing & Sugar Corporation, owned a parcel of land (TCT No. T-134222) at the right side of the Sta. Rita Exit of the North Luzon Expressway (NLEX) in Guiguinto, Bulacan. The property was bounded by an access fence along the NLEX that prevented direct ingress and egress. On September 7, 2001 the petitioner requested that the Toll Regulatory Board (TRB) grant an easement of right of way; the TRB denied the request on September 26, 2001, citing the Limited Access Highway Act (R.A. No. 2000) and concerns over traffic and rehabilitation plans for the NLEX.
Petitioner filed a complaint for specific performance in the Regional Trial Court (RTC), Malolos, Branch 7 (Civil Case No. 37‑M‑2002), seeking injunctive relief, a right of way, declaration nullifying alleged condemnation, compensation, and damages. The petitioner later amended the complaint to implead the Philippine National Construction Corporation (PNCC) (operator of NLEX) and the Department of Public Works and Highways (DPWH) as indispensable parties. The Office of the Solicitor General (for TRB) moved to dismiss on multiple grounds, including lack of jurisdiction (invoking Presidential Decree No. 1818 and R.A. No. 8975), absence of cause of action, and sovereign immunity.
On March 6, 2002 the RTC granted the motion to dismiss, holding that courts (other than the Supreme Court) have no jurisdiction to issue provisional remedies against government infrastructure projects under PD 1818 and R.A. No. 8975, and that the suit against officials in their official capacity amounted to a suit against the State. The RTC denied reconsideration on July 25, 2002. The petitioner appealed to the Court of Appeals (CA).
On October 27, 2004 the CA affirmed the RTC’s dismissal, finding that (a) the NLEX was a limited access facility when petitioner acquired the land in 1999, (b) petitioner had not shown inadequate access (a road fronted the property), (c) relief for compulsory easement did not lie under the facts, and (d) the State agencies enjoyed immunity from suit in performing governmental ...(Pro-only)
Issues:
- Did the RTC have jurisdiction to grant provisional injunctive relief against the implementation of the access fence along the NLEX?
- Were the TRB, the DPWH and Engr. Jaime S. Dumlao, Jr. immune from suit under the doctrine of sovereign immunity?
- Did the petitioner state a proper cause of action for an easement of right of way or specific performance despite the NLEX being a limited access facility and existing access in front of the property?
- Is the PNCC immune from suit by virtue of government ownership such that the complaint should have been dismissed as to it?
- Did the installation of the access fence...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)