This case has been cited 2 times or more.
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2015-02-11 |
PERLAS-BERNABE, J. |
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| By resolving the substantive issue therein that is, the right of Gilbert to recover the de facto possession of the subject property arising from Robert's breach of the undated lease contract the MCTC-Nabunturan-Mawab's January 24, 2006 Decision should be properly considered as a judgment on the merits. In Allied Banking Corporation v. CA,[40] citing Escarte v. Office of the President,[41] the Court defined "judgment on the merits" as follows: As a technical legal term, 'merits' has been defined in law dictionaries as a matter of substance in law, as distinguished from matter of form, and as the real or substantial grounds of action or defense, in contradistinction to some technical or collateral matter raised in the course of the suit. A judgment is upon the merits when it amounts to a declaration of the law to the respective rights and duties of the parties, based upon the ultimate fact or state of facts disclosed by the pleadings and evidence, and upon which the right of recovery depends, irrespective of formal, technical or dilatory objectives or contentions. | |||||