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JOSE S. CANCIO v. MERENCIANA ISIP

This case has been cited 6 times or more.

	GR No. 175256 2012-08-23	LILY LIM v. KOU CO PING DEL CASTILLO, J.
A single act or omission that causes damage to an offended party may give rise to two separate civil liabilities on the part of the offender[51] . (1) civil liability ex delicto, that is, civil liability arising from the criminal offense under Article 100 of the Revised Penal Code,[52] and (2) independent civil liability, that is, civil liability that may be pursued independently of the criminal proceedings. The independent civil liability may be based on "an obligation not arising from the act or omission complained of as a felony," as provided in Article 31 of the Civil Code (such as for breach of contract or for tort[53]). It may also be based on an act or omission that may constitute felony but, nevertheless, treated independently from the criminal action by specific provision of Article 33 of the Civil Code ("in cases of defamation, fraud and physical injuries").
	GR No. 175256 2012-08-23	LILY LIM v. KOU CO PING DEL CASTILLO, J.
Because of the distinct and independent nature of the two kinds of civil liabilities, jurisprudence holds that the offended party may pursue the two types of civil liabilities simultaneously or cumulatively, without offending the rules on forum shopping, litis pendentia, or res judicata.[57] As explained in Cancio, Jr. v. Isip:[58]
	GR NO. 165732 2006-12-14	SAFEGUARD SECURITY AGENCY v. LAURO TANGCO AUSTRIA-MARTINEZ, J.
An act or omission causing damage to another may give rise to two separate civil liabilities on the part of the offender, i.e., (1) civil liability ex delicto, under Article 100 of the Revised Penal Code; and (2) independent civil liabilities, such as those (a) not arising from an act or omission complained of as a felony, e.g., culpa contractual or obligations arising from law under Article 31 of the Civil Code, intentional torts under Articles 32 and 34, and culpa aquiliana under Article 2176 of the Civil Code; or (b) where the injured party is granted a right to file an action independent and distinct from the criminal action under Article 33 of the Civil Code. Either of these liabilities may be enforced against the offender subject 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.[13]
	GR NO. 158995 2006-09-26	L.G. FOODS CORPORATION v. PHILADELFA B. PAGAPONG-AGRAVIADOR GARCIA, J.
Corollarily, an act or omission causing damage to another may give rise to two separate civil liabilities on the part of the offender, i.e., 1) civil liability ex delicto;[12] and 2) independent civil liabilities, such as those (a) not arising from an act or omission complained of as felony (e.g., culpa contractual or obligations arising from law;[13] the intentional torts;[14] and culpa aquiliana[15]); or (b) where the injured party is granted a right to file an action independent and distinct from the criminal action. [16] Either of these two possible liabilities may be enforced against the offender.[17]
	GR NO. 151452 2005-08-29	SPS. ANTONIO C. SANTOS AND ESPERANZA C. SANTOS v. NORMANDIE B. PIZARDO TINGA, J.
An act or omission causing damage to another may give rise to two separate civil liabilities on the part of the offender, i.e., (1) civil liability ex delicto, under Article 100 of the Revised Penal Code; and (2) independent civil liabilities, such as those (a) not arising from an act or omission complained of as a felony, e.g., culpa contractual or obligations arising from law under Article 31 of the Civil Code, intentional torts under Articles 32 and 34, and culpa aquiliana under Article 2176 of the Civil Code; or (b) where the injured party is granted a right to file an action independent and distinct from the criminal action under Article 33 of the Civil Code.[15] Either of these liabilities may be enforced against the offender subject to the caveat under Article 2177 of the Civil Code that the plaintiff cannot recover damages twice for the same act or omission of the defendant and the similar proscription against double recovery under the Rules above-quoted.
	GR No. 151452 2005-07-29	SPS. ANTONIO C. SANTOS AND ESPERANZA C. SANTOS v. NORMANDIE B. PIZARDO TINGA, J.
An act or omission causing damage to another may give rise to two separate civil liabilities on the part of the offender, i.e., (1) civil liability ex delicto, under Article 100 of the Revised Penal Code; and (2) independent civil liabilities, such as those (a) not arising from an act or omission complained of as a felony, e.g., culpa contractual or obligations arising from law under Article 31 of the Civil Code, intentional torts under Articles 32 and 34, and culpa aquiliana under Article 2176 of the Civil Code; or (b) where the injured party is granted a right to file an action independent and distinct from the criminal action under Article 33 of the Civil Code.[15] Either of these liabilities may be enforced against the offender subject to the caveat under Article 2177 of the Civil Code that the plaintiff cannot recover damages twice for the same act or omission of the defendant and the similar proscription against double recovery under the Rules above-quoted.