This case has been cited 3 times or more.
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2015-04-22 |
PERALTA, J. |
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| To invoke res judicata as a test of whether forum shopping was committed, absolute identity of parties is not required. A substantial identity of parties is sufficient.[42] And there is substantial identity of parties when there is a community of interest between a party in the first case and that in the second one, even if the latter party was not impleaded in the first.[43] | |||||
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2013-02-13 |
REYES, J. |
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| The status of Agripina and Carolina as the legitimate heirs of Eulalio is an undisputed fact. As such heirs, they became co-owners of Lot No. 707 upon the death of Eulalio on July 20, 1930. Since Faustina was predeceased by Eulalio, she likewise became a co-owner of the lot upon Eulalio's death. Faustina's share, however, passed on to her daughter Carolina when the former died on October 18, 1949. The Affidavit of Self-Adjudication executed by Carolina did not prejudice the share of Agripina because it is not legally possible for one to adjudicate unto himself an entire property he was not the sole owner of. A co-owner cannot alienate the shares of her other co-owners nemo dat qui non habet.[38] | |||||
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2007-10-31 |
CARPIO MORALES, J. |
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| The second rule of res judicata embodied in Section 47(c), Rule 39 is "conclusiveness of judgment." This rule provides that any right, fact, or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which a judgment or decree 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 or demand, purpose, or subject matter of the two suits is the same.[32] It refers to a situation where the judgment in the prior action operates as an estoppel only as to the matters actually determined or which were necessarily included therein.[33] | |||||