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[3/4] Rafael Reyes Trucking Corp vs PEOPLE and Rosario Dy

[3/4] RAFAEL REYES TRUCKING CORPORATION, petitioner, vs. PEOPLE OF THE PHILIPPINES and ROSARIO P. DY (for herself and on behalf of the minors Maria Luisa, Francis Edward, Francis Mark and Francis Rafael, all surnamed Dy), respondents.

G.R. No. 129029 | 2000-04-03

SEPARATE OPINION

VITUG, J.:

An early established rule under our law is that an act or omission, extra-contractual in nature, causing damage to another, there being fault or negligence can create two separate civil liabilities on the part of the offender, i.e., civil liability ex delicto and civil liability ex quasi delicto. Either one of these two possible liabilities may be sought to be enforced against the offender subject, however, to the caveat under Article 2177 of the Civil Code that the offended party cannot "recover damages twice for the same act or omission" or under both causes.1 [Barredo vs. Garcia, 73 Phil 607; Mendoza vs....