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ELISA C. FELICIANO v. CA

This case has been cited 2 times or more.

2009-10-12
VELASCO JR., J.
Among the several tests resorted to in ascertaining whether two suits relate to a single or common cause of action are: (1) whether the same evidence would support and sustain both the first and second causes of action;[34] and (2) whether the defenses in one case may be used to substantiate the complaint in the other.[35]
2007-02-23
GARCIA, J.
Before proceeding with a discussion of the issues laid out above, it must be stressed that the present case is one for ejectment. As such, our judgment hereon is effective only with respect to possession. It does not bind the title or affect the ownership of the lot in question. Such judgment shall not bar an action between the same parties respecting the title to said property.[9] The only issue for resolution is who, as between the petitioners and the respondents, is entitled to the physical or material possession of the property involved, independent of their respective claims of ownership thereof.[10]