This case has been cited 1 times or more.
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2002-02-27 |
BELLOSILLO, J. |
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| We hold that private respondents are barred from raising the issue either in the instant case or through another action. Under Sec. 47, Rule 39, the Rules of Court, a final and executory judgment is conclusive upon any matter "that could have been raised in relation thereto." We also ruled in Gabaya v. Mendoza[50] that a final judgment is conclusive not only as to every matter which was offered and received to sustain or defeat the claim or demand but as to any other admissible matter which must have been offered for that purpose. Indubitably, the responsibility for the expenses for transferring title over the house and lot to private respondents is a stipulation in the contract to sell which they could have surely disputed in the same action for specific performance of such contract. Under the contract to sell the expenses for the transfer of title are for the account of the buyers, private respondents herein. Moreover, the allegations and the evidence pertaining to the payment or reimbursement of registration and titling expenses are both admissible matters which (if not for private respondents' neglect in not raising this question) must have been offered in connection with the spouses' complaint before the HLURB. The HLURB Decision as res judicata now bars a subsequent action based upon this unpleaded cause of action. | |||||