This case has been cited 1 times or more.
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2015-03-11 |
MENDOZA, J. |
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| Although neither the RTC or the CA ruled on the affirmative defenses of prescription and res judicata, it appears that this case could not have been dismissed on these grounds. First, an action to quiet title is imprescriptible if the plaintiffs are in possession of the property,[48] which is the situation prevailing in the present case. Second, there appears to be no res judicata nor a violation of the prohibition against forum shopping considering that Civil Case No. 5487 had been dismissed, without prejudice, years before petitioners initiated their complaint for quieting of title. | |||||