This case has been cited 2 times or more.
|
2006-02-13 |
YNARES-SANTIAGO, J. |
||||
| Similarly, in Victronics Computers, Inc. v. Regional Trial Court, Branch 63, Makati,[17] we held:x x x [A] careful reading of the allegations in the parties' respective complaints and motions to dismiss in the two (2) civil actions below reveals that both assert rights founded on an identical set of facts which give rise to one basic issue the validity of the contract in question, x x x. Civil Case No. 91-2069 actually involves an action for specific performance; it thus upholds the contract and assumes its validity. Civil Case No. 91-2192, on the other hand, is for the nullification of the contract on the grounds of fraud and vitiated consent. While ostensibly the cause of action in one is opposite to that in the other, in the final analysis, what is being determined is the validity of the contract. It would not have been unlikely that in its answer filed in Civil Case No. 91-2192, the petitioner would merely reiterate its allegations in the complaint in Civil Case No. 91-2069 sustaining and invoking the validity of the purchase order and setting up lis pendens as a defense. This is what it exactly did. It would not have been likewise unlikely that the defense of the private respondents in Civil Case No. 91-2069 would be one in pursuit of their theory, as plaintiffs, in Civil Case No. 91-2192. Thus, the identity of rights asserted cannot be disputed. Howsoever viewed, it is beyond cavil that regardless of the decision that would be promulgated in Civil Case No. 91-2069, the same would constitute res judicata on Civil Case No. 91-2192 and vice-versa. (Emphasis supplied) | |||||