This case has been cited 1 times or more.
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2004-09-27 |
CALLEJO, SR., J. |
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| But where there is identity of parties in the first and second cases, but no identity of causes of action, the first judgment is conclusive only as to those matters actually and directly controverted and determined and not as to matters merely involved therein. This is the concept of res judicata known as "conclusiveness of judgment." Stated differently, any right, fact, or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which judgment is rendered on the merits is conclusively settled by the judgment therein and cannot again be litigated between the parties and their privies whether or not the claim, demand, purpose, or subject matter of the two actions is the same.[32] Contrary to the contentions of the respondents, the petitioner consistently invoked the finality of the judgment of the RTC of Caloocan City, Branch 129, in Civil Case No. C-259 for partition of the property covered by TCT No. 207197, as well as a 1976 model Toyota car. Eighty-three (83) days after learning of the said decision,[33] respondent Mario Biascan filed a petition for relief from judgment, which the trial court dismissed, and which dismissal was affirmed by the Court of Appeals in CA-G.R. SP No. 32512 promulgated on December 17, 1993. The decision in Civil Case No. C-259 became final and executory, thus satisfying the first requisite. Furthermore, such judgment was on the merits and was rendered by a court having jurisdiction over the subject matter and the parties. | |||||