This case has been cited 2 times or more.
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2002-12-03 |
QUISUMBING, J. |
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| merits; and (4) there must be as between the first and second action, identity of parties, subject matter, and causes of action.[26] The existence here of the first three requisites is not disputed. With respect to the fourth element, however, the parties disagree. We must, therefore, focus now on whether identity of parties, subject matter, and causes of action are present in the two civil cases below. Should identity of parties, subject matter, and causes of action be shown in the two cases, then res judicata in its aspect as a "bar by prior judgment" would apply. If as between the two cases, only identity of parties can be shown, but not identical causes of action, then res judicata as "conclusiveness of judgment" applies. Coming now to the identity of parties in Civil Case No. 19325-88 and Civil Case No. 19634-89 (and CA-G.R. CV No. 41986, for that matter), respondent Allied Bank contends that since OMC was not impleaded in Civil Case No. 19634-89, the finality of the judgment in CA-G.R. CV | |||||