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ABOITIZ EQUITY VENTURES v. VICTOR S. CHIONGBIAN

This case has been cited 2 times or more.

2015-01-28
LEONEN, J.
Aboitiz Equity Ventures v. Chiongbian[57] discussed forum shopping:The concept of and rationale against forum shopping were explained by this court in Top Rate Construction & General Services, Inc. v. Paxton Development Corporation:[58]
2014-12-10
MENDOZA, J.
As to the procedural matters, the Court finds that the grounds invoked by Spouses Suntay are inapplicable. First, the defense of res judicata must fail. The doctrine of res judicata is a fundamental principle of law which precludes parties from re-litigating issues actually litigated and determined by a prior and final judgment.[17] Res judicata constituting bar by prior judgment occurs when the following requisites concur: (1) the former judgment is final; (2) it is rendered by a court having jurisdiction over the subject matter and the parties; (3) it is a judgment or an order on the merits; and (4) there is identity of parties, of subject matter, and of causes of action.[18]