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    Legal Research Exam

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    nathalie bermudez
    This document discusses the rule of res judicata under the Rules of Civil Procedure. It provides three situations where a judgment or final order is considered conclusive or deemed to have been adjudicated: (1) judgments against a specific thing or concerning a person's legal status are conclusive; (2) in other cases, judgments are conclusive between the same parties on matters directly adjudged or that could have been raised; and (3) in subsequent litigation between the same parties, only matters appearing on the face of or necessary to a prior judgment are deemed adjudicated. The document lists three cases but does not indicate their relevance to the question of whether res judicata always applies.

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    Legal Research Exam

    Uploaded by

    nathalie bermudez
    146 views3 pages
    This document discusses the rule of res judicata under the Rules of Civil Procedure. It provides three situations where a judgment or final order is considered conclusive or deemed to have been adjudicated: (1) judgments against a specific thing or concerning a person's legal status are conclusive; (2) in other cases, judgments are conclusive between the same parties on matters directly adjudged or that could have been raised; and (3) in subsequent litigation between the same parties, only matters appearing on the face of or necessary to a prior judgment are deemed adjudicated. The document lists three cases but does not indicate their relevance to the question of whether res judicata always applies.

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    This document discusses the rule of res judicata under the Rules of Civil Procedure. It provides three situations where a judgment or final order is considered conclusive or deemed to have been adjudicated: (1) judgments against a specific thing or concerning a person's legal status are conclusive; (2) in other cases, judgments are conclusive between the same parties on matters directly adjudged or that could have been raised; and (3) in subsequent litigation between the same parties, only matters appearing on the face of or necessary to a prior judgment are deemed adjudicated. The document lists three cases but does not indicate their relevance to the question of whether res judicata always applies.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    146 views3 pages

    Legal Research Exam

    Uploaded by

    nathalie bermudez
    This document discusses the rule of res judicata under the Rules of Civil Procedure. It provides three situations where a judgment or final order is considered conclusive or deemed to have been adjudicated: (1) judgments against a specific thing or concerning a person's legal status are conclusive; (2) in other cases, judgments are conclusive between the same parties on matters directly adjudged or that could have been raised; and (3) in subsequent litigation between the same parties, only matters appearing on the face of or necessary to a prior judgment are deemed adjudicated. The document lists three cases but does not indicate their relevance to the question of whether res judicata always applies.

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    © All Rights Reserved
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    Nathalie S.

    Bermudez

    Hydee P. Rintuaya

    Philippe Alexandre Troy B. Rosal

    RES JUDICATA

    Rules of Civil Procedure, Rule 39, Section 47. Effect of judgments or final orders. — The
    effect of a judgment or final order rendered by a court of the Philippines, having
    jurisdiction to pronounce the judgment or final order, may be as follows:

    (a) In case of a judgment or final order against a specific thing, or in respect to the
    probate of a will, or the administration of the estate of a deceased person, or in
    respect to the personal, political, or legal condition or status of a particular
    person or his relationship to another, the judgment or final order is conclusive
    upon the title to the thing, the will or administration or the condition, status or
    relationship of the person, however, the probate of a will or granting of letters of
    administration shall only be prima facie evidence of the death of the testator or
    intestate;

    (b) In other cases, the judgment or final order is, with respect to the matter
    directly adjudged or as to any other matter that could have been missed in
    relation thereto, conclusive between the parties and their successors in interest,
    by title subsequent to the commencement of the action or special proceeding,
    litigating for the same thing and under the same title and in the same capacity;
    and

    (c) In any other litigation between the same parties or their successors in interest,
    that only is deemed to have been adjudged in a former judgment or final order
    which appears upon its face to have been so adjudged, or which was actually
    and necessarily included therein or necessary thereto. (49a)

    Cases:

    1. Virginia Calalang vs. Register of Deed of Quezon City, Administrator of National


    Land Titles and Deed Registration, Lucia De La Cruz, Constancio Simangan and
    Iglesia ni Kristo, G.R. No. L-76265, March 11, 1994
    2. Smit Bell and Company (Philippines), Inc. and Tokyo Marine and Fire Insurance
    Co., Inc vs. The Court of Appeals and Carlos A. Go Thong and Co., G.R. No. L-
    56294, May 20, 1991
    3. Edillo C. Montemayor vs. Luis Bundalia, Ronaldo B. Zamora, Executive
    Secretary, Office of the President and Gregorio R. Vigilar, Secretary, Department
    of Public Works and Highways (DPWH), G.R. No. 149335, July 1, 2003
    Nathalie S. Bermudez

    Hydee Rintuaya

    Philippe Alexandre Troy B. Rosal

    Whether or not Res Judicata applies in all cases.

    A.

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