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Fontanilla vs Maliaman [SEPARATE OPINION PADILLA, 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
 
PADILLA, J., concurring and dissenting: 
 
On 1 December 1989, this Court, through its Second Division, rendered a decision declaring petitioner National Irrigation Administration (NIA, for brevity) a government agency performing proprietary functions. Like an ordinary employer, NIA was held liable for the injuries, resulting in death, of Francisco Fontanilla, caused by the fault and/or negligence of NIA's driver-employee Hugo Garcia; and NIA was ordered to pay petitioner-spouses Fontanilla, the victim's parents, the amounts of P12,000.00 for the death of the victim; P3,389.00 for hospitalization and...