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FILINVEST LAND v. ALVAREZ

This case has been cited 1 times or more.

2007-07-30
NACHURA, J.
There is also no denying the identity of the parties in this petition and in the previous case decided with finality by the CA in CA-G.R. No. 30813-R. Although the name of Luy does not appear in LRC No. N-62 and in CA-G.R. No. 30813-R,[32] there is still identity of parties. Luy, as successor-in-interest and as the new owner of the land covered by TCT No. T-35185, is the legal substitute of Leyva. As previously pronounced by this Court, there is identity of parties not only where the parties are identical, but also when the parties are in privity with them such as between their successors-in-interest by title subsequent to the commencement of the action, litigating for the same thing, under the same title, and in the same capacity.[33]