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Vinzons-Chato vs. Fortune Tobacco Corp.

LIWAYWAY VINZONS-CHATO, Petitioner, versus FORTUNE TOBACCO CORPORATION, Respondent.

G.R. No. 141309 | 2008-12-23

Republic of the Philippines
SUPREME COURT
Manila
 
EN BANC
 
RESOLUTION
 
NACHURA, J.:

It is a fundamental principle in the law of public officers that a duty owing to the public in general cannot give rise to a liability in favor of particular individuals.[1] The failure to perform a public duty can constitute an individual wrong only when a person can show that, in the public duty, a duty to himself as an individual is also involved, and that he has suffered a special and peculiar injury by reason of its improper performance or non-performance.[2]

By this token, the Court reconsiders its June 19, 2007 Decision[3] in this case.

As...