Two (2) concepts of res judicata: Bar by prior judgment & Conclusiveness of judgment. For res judicata to apply: 1) the judgment sought to bar the new action must be final, 2) the decision must be rendered by a court having jurisdiction over the subject matter & the parties, 3) the disposition of the case must be a judgment on the merits, 4) there must be as between the first and second action, identity of parties, subject matter and causes of action.
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 causes of action, then res judicata as "conclusiveness of judgment applies (G.R. No. 209535, June 15, 2015).
No comments:
Post a Comment