This case has been cited 3 times or more.
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2007-02-06 |
CHICO-NAZARIO, J. |
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| (d) There must be between the first and second actions identity of parties, subject matter, and cause of action.[51] In this case, the third element of res judicata, i.e., that the former judgment must be on the merits, is not present. It must be remembered that the dismissal of CA-G.R. SP No. 74879 was based on technicality, that is, for failure on the part of the DAR to state material dates required by the rules. Having been dismissed based on a technicality and not on the merits, the principle of res judicata does not apply. Res judicata applies only where judgment on the merits is finally rendered on the first.[52] | |||||
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2005-01-17 |
YNARES-SANTIAGO, J. |
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| In TF Ventures, et al. v. Yoshitsugu Matsuura, et al.,[22] we reiterated the well settled rule that lis pendens requires only substantial, and not absolute identity of parties.[23] There is substantial identity of parties where there is a community of interest between a party in the first case and a party in the second case. Undeniably, the OLONGAPO and MANILA cases were purportedly filed to protect the interests of Guaranteed Hotels, Inc. Such constitutes a community of interest that makes the parties identical thereby making it within the purview of the first requisite of litis pendentia. | |||||
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2004-11-17 |
CARPIO MORALES, J. |
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| To avoid the resultant confusion then, this Court adheres strictly to the rules against forum-shopping, and for any violation thereof the case must be dismissed[29] as what the appellate court correctly did. | |||||