G.R. No. 167290 HERMANO OIL v TOLL REGULATORY BOARD 742 SCRA 395

HERMANO OIL v TOLL REGULATORY BOARD
742 SCRA 395

G.R. No. 167290

November 26, 2014

FACTS: Hermano Oil Manufacturing & Sugar Corporation owned a parcel of land at NLEX. The petitioner requested that respondent Toll Regulatory Board (TRB) grant an easement of right of way, for it had been deprived of its enjoyment and possession by the fence that barred its entry. TRB denied based on the Limited Access Highway Act.

Hence, petitioner sued TRB and Engr. Dumlao demanding specific performance, the grant of the easement of right of way and damages being deprived of its property without due process, just compensation and equal protection of the law.

ISSUE: Whether or not petitioner can claim just compensation.

RULING: No. The limited access imposed on the petitioner's property did not partake of a compensable taking due to the exercise of the power of eminent domain.

The putting up of the access fence on the petitioner's property was in the valid exercise of police power. Toll way is not an ordinary road. As a facility designed to promote the fastest access to certain destinations, its use, operation, and maintenance require close regulation. Public interest and safety require the imposition of certain restrictions on toll ways that do not apply to ordinary roads. As a special kind of road, it is but reasonable that not all forms of transport could use it

There is no question that the property was not taken and devoted for public use. Instead, the property was subjected to a certain restraint, i.e. the access fence, in order to secure the general safety and welfare of the motorists using the NLEX. There being a clear and valid exercise of police power, the petitioner was certainly not entitled to any just compensation