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Hermano Oil Manufacturing & Sugar Corp. vs. Toll Regulatory Board (TRB)

HERMANO OIL MANUFACTURING & SUGAR CORPORATION, PETITIONER, VS. TOLL REGULATORY BOARD, ENGR. JAIME S. DUMLAO, JR., PHILIPPINE NATIONAL CONSTRUCTION CORPORATION (PNCC) AND DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), RESPONDENTS.

G.R. No. 167290 | 2014-11-26

FIRST DIVISION
 
DECISION

BERSAMIN, J.:

The issue to be determined concerns the demand of the petitioner to have access to the North Luzon Expressway (NLEX) by way of an easement of right of way. The demand was rebuffed by the respondents, and upheld by both the trial and appellate courts.

The Case
 
On appeal by review on certiorari is the decision promulgated on October 27, 2004,1 whereby the Court of Appeals (CA) affirmed the dismissal of the petitioner’s complaint for specific performance by the Regional Trial Court (RTC) in Malolos, Bulacan, Branch 7, through the order issued on March 6, 2002.2

Antecedents
 
The...