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ROSITA VELOSO DE OLAYVAR v. ARISTOTELES OLAYVAR

This case has been cited 2 times or more.

2008-07-31
REYES, R.T., J.
For litis pendentia to exist, there must be (1) identity of the parties or at least such as representing the same interests in both actions; (2) identity of the rights asserted and relief prayed for, the relief founded on the same facts; and (3) identity of the two cases such that judgment in one, regardless of which party is successful, would amount to res judicata in the other.[59]
2006-02-13
YNARES-SANTIAGO, J.
An action may be dismissed when there is another action pending between the same parties for the same cause.[13] This ground for dismissal is commonly known as litis pendentia, the requisites of which are: (a) identity of parties or at least such as representing the same interests in both actions; (b) identity of rights asserted and reliefs prayed for, the relief being founded on the same facts; and (c) the identity in the two cases should be such that the judgment that may be rendered in one would, regardless of which party is successful, amounts to res judicata in the other.[14]