This case has been cited 2 times or more.
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2002-12-03 |
QUISUMBING, J. |
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| is the plaintiff and only Serafin R. Gamboa is the defendant." This point has no merit. In both cases, the plaintiff is the administrator or administratrix of the Estate of the deceased Jose Aguilar. And it makes no difference that Serafin Gamboa was defendant with others in the first case; because if he had been sued alone in the first case and he is now sued with others, the defense of res judicata would be decisive just the same."[29] The rule is that a party may not evade the application of res judicata by simply including additional parties in subsequent litigation or by excluding parties in the later case certain parties in the previous suit.[30] This Court has ruled | |||||