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VIRGINIA AVISADO v. AMOR RUMBAUA

This case has been cited 6 times or more.

	GR No. 183141 2009-09-18	EDGARDO H. CATINDIG v. PEOPLE CHICO-NAZARIO, J.
Res judicata exists when the following elements are present: (a) the former judgment must be final; (b) the court that rendered it had jurisdiction over the parties and the subject matter; (c) it must be a judgment on the merits; and (d) there must be -- between the first and the second actions -- identity of parties, subject matter, and cause of action.[35]
	GR NO. 138208 2007-04-23	SPS. ISIDRO 'ABEL' CRUZ AND LEA CRUZ v. SPS. FLORENCIO AND AMPARO CARAOS CHICO-NAZARIO, J.
(i) That the claim on which the action is founded is unenforceable under the provisions of the statute of frauds. Res judicata or bar by prior judgment is a doctrine which holds that a matter that has been adjudicated by a court of competent jurisdiction must be deemed to have been finally and conclusively settled if it arises in any subsequent litigation between the same parties and for the same cause.[31] Res judicata exists when the following elements are present: (a) the former judgment must be final; (b) the court which rendered judgment had jurisdiction over the parties and the subject matter; (3) it must be a judgment on the merits; and (d) and there must be, between the first and second actions, identity of parties, subject matter, and cause of action.[32]
	GR NO. 162037 2006-11-29	HEIRS OF ENRIQUE DIAZ v. ELINOR A. VIRATA CHICO-NAZARIO, J.
(d) and there must be between the first and second actions identity of parties, subject matter, and cause of action.[81] (Emphasis supplied.)
	GR NO. 162037 2006-08-07	HEIRS OF ENRIQUE DIAZ v. ELINOR A. VIRATA CHICO-NAZARIO, J.
(d) and there must be between the first and second actions identity of parties, subject matter, and cause of action.[81] (Emphasis supplied.)
	GR NO. 137882 2005-02-04	SPS. ELIZABETH DE LA CRUZ AND ALFREDO DE LA CRUZ v. OLGA RAMISCAL CHICO-NAZARIO, J.
The essential elements of laches are: (a) conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation complained of; (b) delay in asserting complainant's rights after he had knowledge of defendant's acts and after he has had the opportunity to sue; (c) lack of knowledge or notice by defendant that the complainant will assert the right on which he bases his suit; and (d) injury or prejudice to the defendant in the event the relief is accorded to the complainant.[39]
	GR No. 135394 2003-04-29	JOSE V. DELA RAMA v. FRANCISCO G. MENDIOLA YNARES-SANTIAGO, J.
The subject matters and causes of action of the two cases are likewise identical. A subject matter is the item with respect to which the controversy has arisen, or concerning which the wrong has been done, and it is ordinarily the right, the thing, or the contract under dispute. In the case at bar, both the first and second actions involve the same real property. A cause of action, broadly defined, is an act or omission of one party in violation of the legal right of the other.[22] Its elements are the following: (1) the legal right of plaintiff; (2) the correlative obligation of the defendant, and (3) the act or omission of the defendant in violation of said legal right.[23] Causes of action are identical when there is an identity in the facts essential to the maintenance of the two actions, or where the same evidence will sustain both actions. If the same facts or evidence can sustain either, the two actions are considered the same, so that the judgment in one is a bar to the other.[24]