This case has been cited 1 times or more.
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2013-10-14 |
REYES, J. |
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| The question of whether res judicata serves as a bar to the filing of a case is unquestionably one of law. For a question to be one of law, the same must not involve an examination of the probative value of the pertinent evidence presented by the litigants or any of them.[12] All the court has to do in resolving the applicability of res judicata is apply the undisputed facts of the two cases pitted against each other and determine whether: (a) the former judgment is final; (b) the court which rendered it had jurisdiction over the subject matter and the parties; (c) it is a judgment on the merits; and (d) there is as between the first and second actions identity of parties, subject matter and causes of action.[13] But the question of whether prescription is applicable can be either one of law or fact. In Macababbad, Jr. v. Masirag,[14] the Court stated that it is a question of fact when the doubt or difference arises as to the truth or falsity of an allegation of fact; it is a question of law when there is doubt or controversy as to what the law is on a given state of facts.[15] | |||||