This case has been cited 1 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] | |||||