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Fontanilla vs Maliaman [SEPARATE OPINION FELICIANO, J.]

SPOUSES JOSE FONTANILLA and VIRGINIA FONTANILLA, petitioners, vs. HONORABLE INOCENCIO D. MALIAMAN and NATIONAL IRRIGATION ADMINISTRATION, respondents.

G.R. No. 55963 | 1991-02-27

SEPARATE OPINION
 
FELICIANO, J., concurring: 
 
I agree with the result reached by my distinguished brother in the Court, Mr. Justice Edgardo L. Paras, both in the Decision of the Court's Second Division dated 1 December 1989 (179 SCRA 685 [1989]) and in the present Resolution on the motion for reconsideration, which has been referred to the Court En Banc. 
 
I agree, in other words, that the National Irrigation Administration (NIA) is liable for the acts of its employee Hugo Garcia which resulted in injury to the spouses Jose Fontanilla and Virginia Fontanilla. However, I reach this result through a slightly...