Documente Academic
Documente Profesional
Documente Cultură
Aspects:
Public aspect – affords remedy in favor of the state against the individual or in favor of the
individual against the state example criminal procedure- state vs individual; rule on habeas
corpus – individual vs state
Private aspect- affords remedy in favor of individual against another individual – example
civil proc
Limitations:
1. The rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases
2. Uniform for all courts of the same grade
3. The rules shall not diminish, increase, or modify substantive rights
Substantive rights are created by substantive law, the rules should not amend such but
could only interpret substantive laws
Civil action- is one by which a party sues another for the enforcement or protection of a
right or the prevention or redress of a wrong. It may either be ordinary or special both are
governed by the rules of ordinary civil actions subject to specific rules prescribed for special
civil action.
- What makes an action special is because of the fact that there are specific rules
prescribed for them which are not found in other rules but it is still governed by the rules on
ordinary civil actions subject to the specific rules. In case of conflict the specific provision
prevails but in case of silence, the ordinary rules apply.
Example: Umberto vs CA – petition for certiorari – the petition was withdrawn before the
respondent could answer the petition, then changed his mind refilled. Rule 65 is silent on
the withdrawal of petition either with or without prejudice. SC applied the ordinary rules by
analogy, certiorari is similar to appeal although it is not really an appeal. Under rule 50 –if
you withdraw the appeal, the judgment appealed from will now become final and executory,
you cannot change anymore. A resolution granting the withdrawal of petition for certiorari is
with prejudice and petitioner is precluded from bringing a second action based on the same
subject matter by applying by analogy the rule on withdrawal of appeal.
3. Mixed action – where there is both real and personal – example action for recovery
of land with damages. If the damage is incidental it is more of real action.
4. Local Action – action can only be instituted in a particular place example real actions
which are automatically local actions they can only be instituted in the place where
the property is situated.
5. Transitory Action – one which follows the party wherever he may reside.
6. Action In rem –
-is an action against the thing itself
-if the object of the suit is to bar all who might be minded to make an objection
against the right sought to be established and if any in the whole world has the right
to be heard on the strength of the alleging facts which shows an inconsistent
interest, the proceeding is in rem
-probate of a will, land registration proceedings, annulment of marriage-action
affecting civil status, insolvency
-land registration proceeding is in rem personal notice to the owner is not necessary
to vest jurisdiction to the court because proper publication is sufficient
-in the annulment of marriage, the res is the relation between the parties on their
marriage(in rem/personal action)
7. Personal and real – determines venue
8. In rem in personam- the binding effect of a decision the court may render over a
party
-involves personal status or property
-non-resident defendant, in action in rem and quasi in rem, jurisdiction over his
person is not essential, summons upon the defendant by publication may be served
merely to satisfy the requirement of due process
9. In personam
-is an action against a person on the basis of his personal liability
-if the object of the suit is to establish a claim against some particular person, with a
judgment which will bind his body or bar some individual claim or objection so that
only certain person are entitled to be heard in defense, it is in personam
10. Action for reconveyance and cancellation of TCT – Ching v CA (in personam/real
action}
-action for injunction to restrain defendants from enforcing contracts – (personal
action/in personam
-action for resolution of a contract of sale of real property
-action to review the decision of DPWH Sec
-action to recover title/possession of real property – ching v ca – (real action/in
personam)-unlawful detainer, accion publiciana, forcible entry- it binds only the
parties
-real action may at the same time be an action in personam not necessarily action in
rem
Example: an action to recover a parcel of land is real action but it is also in
personam because it binds a particular person only although it concerns the right to
tangible thing.
12. Private or Civil action – lawsuit brought by a private citizen for the protection of a
private right
13. Public Action – taken by the government against one who usurps governmental
prerogatives, or when an entity misuses its franchising or corporate powers.
Special Proceeding-
a. a right is alleged to exist, there may be no violation since what is sought is the
establishment of a right, status or fact.
b. There are no specific contending parties, except those persons who seek to establish their
rights or status
c. Specific rules of procedures for each special proceeding are followed. Procedures are not
as formal as those observed n civil or criminal lawsuits.
-special proceeding is a remedy by which a party seeks to establish a status, a right, or a
particular fact.
-governed by rule 72 to 109 – settlement of estate of deceased persons, adoption, change
of name, correction of entries in the civil registry, guardianship, escheat, etc
DISTINGUISH A CIVIL ACTION FROM A SPECIAL PROCEEDING
1. a civil action is an ordinary demand while a spec pro is a remedy by which a party seeks
to establish a status, a right, or a particular fact
2. a civil action is governed by pleadings but in spec pro there are no pleadings only petition
initiated by the petitioner but the rules on pleading generally does not apply. It can be
opposed but there is no answer or counterclaim
3. a civil action is generally adversarial. There is definite plaintiff or petitioner versus a
definite defendant. In spec pro, there is a party petitioner but there is no definite party
defendant or respondent because it is directed against the whole world.
4. The period to appeal in civil action is 15 days with notice of appeal while in spec pro the
period to appeal is 30 days and aside from notice of appeal, the law requires the filing of a
record on appeal.
-Procedural rules like all rules are required to be followed except only where the most
persuasive of reasons, they may be relaxed to relieve a litigant of an injustice not
commensurate with the degree of his thoughtlessness in not complying with the procedure
prescribed.
-A litigation is not a game of technicalities but this does not mean that the Rules of Court
may be ignored at will and at random to the prejudice of the orderly presentation and
assessment of the issues and their just resolution.
-motion for new trial is deficient in form because no affidavit of merit was attached as
required to support the claim of honest mistake and excusable neglect
When may lapses in the literal observance of the Rules of court be excused?
1. When they do not involve public policy
2. When they arose from an honest mistake or unforeseen accident
3. When they do not prejudice the adverse party
4. When they do not deprive the court of its authority
ELEMENTS:
1. A right pertaining to the plaintiff
2. A correlative obligation on the defendant
3. Violation of plaintiff’s right
4. Damaged suffered by the plaintiff
Damage without injury does not create any cause of action
Right of action –is the right of the plaintiff to bring an action and prosecute an action
ELEMENTS:
1. The plaintiff must have a cause of action
2. The plaintiff must have performed all conditions precedent to the filing of the action
There can be no right of action when there has been a wrong, a violation of a legal right.
There can be no right of action unless there is a cause of action.
Sometimes we say that the action has prescribed, what has prescribed is the right of action
and not the cause of action.
LITIS PENDENCIA -the filing of one is available as a ground for the dismissal of the others
– rule 16 there is another action between the same parties for the same cause of action
-Requisites of LITIS PENDENCIA
a. identity of parties or at least representing same interest in both actions
b. the identity of rights asserted and relief prayed for, relief founded on the same facts
c. the identity of the 2 cases such as that judgment in one would amount to res judicata in
the other
RES JUDICATA -a judgment upon the merits in any one is a ground for the dismissal of the
others-barred by prior judgment
Requisites:
a. The former judgment or order must be final
b. It must be a judgment on the merits that is, it was rendered after a consideration of the
evidence or stipulations submitted by the parties at the trial of the case
c. It must have been rendered by a court having jurisdiction over the subject matter
and the parties
d. There must be, between the first and the second actions, identity of parties, of subject
matter and of cause of action.
Danao v CA – SC ruled that a mortgage creditor may institute against a mortgage debtor
either a personal action to collect the debt or a real action to foreclose mortgage property
Recto Law – on Sales – the remedies of an unpaid seller of personal properties are three but
the choice of one automatically bars resort to the other
In a contract:
General rule – there is only 1 cause of action, it may be violated only once even if it
contains several stipulations
Exceptions:
1. A contract which provides for several stipulations to be performed at different times gives
rise to as many causes of action as there are violations. Example: one promissory payable
in installments at different times. Every installment is one cause of action
2. All obligations on installment which have matured at the time of the suit must be
interpreted as one cause of action in one complaint and those not so included will be barred
3. Even when there are several stipulations in a continuing contract, when the failure to
comply with one of several stipulations constitutes a total breach. Example: 1st installment
fell due but the debtor repudiates the entire note. A case must be filed for the entire
amount of loan whether due or not.
2. Cumulative joinder- when seeking relief for all example a creditor files a case to collect 3
unpaid promissory notes he is not claiming from either but from all pn.
Rule 3 sec 13 – alternative defendants- plaintiff is uncertain against who of several persons
he is entitled to relief, he may join all of them as defendants in the alternative
Rule 8 sec 2 – alternative causes of action – a party sets two or more statements of claim
or defense alternatively or hypothetically
Rule 2 sec 5 – joinder of causes of action
Rule 3 sec 6 – joinder of parties
Rule 2 sec 6 – misjoinder of causes of action – is not a ground for dismissal of an action – it
may be severed on motion or motu proprio and proceeded with separately
Rule 3 sec 11 – misjoinder of parties – same
Remedy – procedure or type of action which a person may avail of in the course of his suit
Relief – redress, protection, award or coercive measure which a person asks the court to
grant as a consequence of the wrong committed by the other person
Sec. 3 Representatives as parties- the beneficiary shall be included in the title of the case
and shall be deemed to be the RPI. An agent acting in his own name and for the benefit of
an undisclosed principal may sue or be sued without joining the principal except when the
contract involves things belonging to the principal.
Example: trustee, guardian, executor, or administrator
It Is a well-settled rule that an estate can sue or be sued thru an executor or administrator
in his representative capacity
Sec. 5 – minor or incompetent person may sue or be sued with the assistance of father,
mother, guardian, or guardian ad litem
Sec. 6 Permissive joinder of parties –all persons in whom or against whom any right to relief
in respect to or arising out of the same transaction or series of transactions is alleged to
exist whether jointly or severally may join as plaintiffs or defendants
Conditions:
1. There is a right to relief in favor of or against the parties joined arising out of the same
transaction or series of transactions
2. There is a common question of fact or law common to all the parties joined
-common evidence, issues, witnesses
-it is not mandatory as it is permissive as allowed
joinder of causes of action without joinder of parties = yes/ loan on installment-1 defendant
joinder of parties at all times with joinder of causes of action
joinder of parties without joinder of causes of action= no
RULE 141
LEGAL FEES
SECTION 1. Payment of fees. – Upon the filing of the pleading or other application which
initiates an action or proceeding, the fees prescribed therefor shall be paid in full.
Sec. 19 Rule 141. Indigent litigants exempt from payment of legal fees. - Indigent
litigants (a) whose gross income and that of their immediate family do not exceed
an amount double the monthly minimum wage of an employee and (b) who do not
own real property with A FAIR MARKET VALUE AS STATED IN THE CURRENT TAX
DECLARATION of more than THREE hundred thousand (P300,000.00) pesos shall be
exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent
litigant unless the court otherwise provides. To be entitled to the exemption herein
provided, the litigant shall execute an affidavit that he and his immediate family do not
earn a gross income abovementioned, nor they own any real property with the fair value
aforementioned, supported by an affidavit of a disinterested person attesting to the truth of
the litigant’s affidavit. The current tax declaration, if any, shall be attached to the litigant’s
affidavit.
Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause to
dismiss the complaint or action or to strike out the pleading of that party, without prejudice
to whatever criminal liability may have been incurred. (16a)
Sec. 22. Government exempt. -- The Republic of the Philippines, its agencies and
instrumentalities are exempt from paying the legal fees provided in the rule. Local
governments and government-owned or controlled corporations with or without independent
charters are not exempt from paying such fees.
However, all court actions, criminal or civil, instituted at the instance of the provincial, city
or municipal treasurer or assessor under Sec. 280 of the Local Government Code of
1991 shall be exempt from the payment of court and sheriff’s fees. (page 211 of the
Manual for Clerks of Court)
RULE 35
Summary judgment – is a method for promptly disposing a civil action when there is no
genuine issue as to any material fact.
Distinctions between summary judgment Rule 35 and judgment on the pleadings Rule 34
1. Issue-
Summary judgment – no genuine issue to be tried, there are denials but not genuine
Judgment on the pleadings-no issue at all to be tried, no issue because everything is
admitted
2. Basis
Summary judgment – only pleadings, complaint, answer
Judgment on the pleadings – pleadings, affidavit, deposition, admissions
3. Who can invoke
Summary judgment – only invoked by the plaintiff/claimant because answer of defendant
fails to tender and issue
Judgment on the pleading- available to both claimant and defendant
Formal Requisites:
1. In writing
2. Directly prepared by the judge
3. State clearly and distinctly the facts and the law in which it is based
4. Signed by the judge and filed with the clerk of court
Memorandum decision- a decision which adopts the decision or resolution contained in the
decision or resolution appealed from
Sin per juicio judgment – contains only dispositive portion and reserves the making of
findings of fact and conclusion of law in the subsequent judgment
Conditional judgment – subject to performance of condition precedent and is not final until
the condition is performed
Judgment nun pro tunc- it is a judgment now for then. Its function is to record some act of
the court done in the former time which was not carried into the record and the power to
make such entries is restricted to placing record which has actually been taken to make the
record to speak the truth.
2. newly discovered evidence –which could not have discovered or produced during the
trial even with reasonable diligence
Pro forma motion – is one filed for the sake of form it does not specifically point out findings
or conclusions thus it shall not toll the running of the reglementary period of appeal.
Effect: granting- original judgment shall be vacated and the action shall stand trial de novo
Recorded evidence-material and competent to establish issues shall stand
Second motion for new trial-sec. 5 rule 37-it is considered an omnibus motion-include all
grounds then available, grounds not existing when the 1st motion was made
Partial new trail or reconsideration – sec. 7 rule 37 –only if severable without interfering
with the judgment upon the rest
Effects of finality:
1. The prevailing party is entitled to have execution issue as a matter of right.
2. The court rendering judgment automatically loses jurisdiction over the case and
therefore the court has lost power to change or alter the judgment
3. Res judicata immediately applies
Separate trials-sec. 2 rule 31 – the court may order separate trial of any claim,
cross-claim, or counter-claim- in furtherance of convenience and avoid prejudice
DEPOSITIONS:
-the deposition can be used against the party who was present
-notice to the adverse party is required
-adverse party has the right to attend the deposition taking and may also ask question
Letters rogatory - an instrument whereby the foreign court is informed of the pendency of
the case and the name of the foreign witnesses, it is requested to cause their deposition to
be taken in due course of law for the furtherance of justice with an offer to take the same if
requested by the foreign court.
How can a court issue order when it has already lost jurisdiction over the case? One of the
effects of finality of judgment is that the court loses jurisdiction over the case, it means that
the court can no longer change the judgment but the court can act on that case for the
purpose of enforcing judgment.
Nature of execution:
Interlocutory judgment or order – has not yet disposed of the action or proceeding
-cannot be the subject matter of execution
-EXCEPTION: support pendente lite rule 61 can be moved for execution
b) by record on appeal
-deemed perfected as to him with respect to the subject matter thereof upon approval of
the record of appeal filed in due time
-the court loses jurisdiction only over the subject matter upon approval of the records on
appeal filed in due time and the expiration of the time to appeal of the other parties
-In either case prior to the transmittal of the original record or the record on appeal
The court may issue orders(residual powers of the court)
-for protection and preservation of rights of the parties which do not involve any matter
litigated by the appeal
-approve compromises
-permit appeals of indigent litigants
-order of execution pending appeal sec. 2 rule 39
-allow withdrawal of appeal
Execution pending appeal may be proper for enforcing collection of actual damages but nor
for payment of moral or exemplary damages
-amount is certain, there are receipts
Real property, stocks, shares, debts, credits, and other personal property or any interest in
either real or personal property may be levied upon in like effect as under a writ of
attachment
c) garnishment of debts and credits – the officer may levy on debts due the judgment
obligor and other credits, including bank deposits, financial interest, royalties, commissions,
and other personal property not capable of manual delivery in the possession and control of
third parties.
Levy shall be made by serving notice upon the person owing such debts
-or having in his possession or control such credits to which the judgment obligor is entitled.
Garnishee shall make a written report to the court within 5 days from the service of the
notice of garnishment
-the garnished amount in cash or certified bank check issued in the name of judgment
obligee shall be delivered directly to the judgment obligee within working 10 days from
service of notice on said garnishee
Ordinary-if the judgment orders the defendant to pay money, like colln case or to deliver
real or personal property
-not a ground for contempt
Sec. 13. Property exempt from execution.
Except as otherwise expressly provided by law, the following property, and no other, shall
be exempt from execution:
(a) family home as provided by law, or the homestead in which he resides, and land
necessarily used in connection therewith;
(b) Ordinary tools and implements
(c) 3 horses, or 3 cows, or 3 carabaos, or other beasts of burden;
(d) clothing and articles, excluding jewelry;
(e) Household furniture and utensils, of a value not exceeding p100t;
(f) Provisions for individual or family use sufficient for four months;
(g) The professional libraries and equipment not exceeding p300t in value;
(h) 1 fishing boat and accessories not exceeding the total value of p100t
(i) So much of the salaries, wages, or earnings of the judgment obligor of his personal
services within the four months preceding the levy as are necessary for the support of his
family;
(j) Lettered gravestones;
(k) Monies benefits, privileges, or annuities accruing or in any manner growing out of any
life insurance;
(l) The right to receive legal support, or money or property obtained as such support, or any
pension or gratuity from the Government;
(m) Properties specially exempt by law.
But no article or species of property mentioned in his section shall be exempt from
execution issued upon a judgment recovered for its price or upon a judgment of foreclosure
of a mortgage thereon.
Example: construction of family home –amt spent for materials was loaned –subjt to
execution
Before the sale of property on execution, notice thereof must be given as follows:
(a) In case of perishable property
-posting three (3) public places, preferably in conspicuous areas of the municipal or city
hall, post office and public market in the municipality or city where the sale is to take place,
for such time as may be reasonable, considering the character and condition of the
property;
(d) In all cases, written notice of the sale shall be given to the judgment obligor, at
least three (3) days before the sale, except as provided in paragraph (a) hereof where
notice shall be given at any time before the sale, in the same manner as personal service of
pleadings and other papers as provided by Section 6 of Rule 13.
-The officer shall not be liable for damages for the taking or keeping of the property, to any
third-party claimant if such bond is filed.
-Nothing herein contained shall prevent such claimant or any third person from vindicating
his claim to the property in a separate action, or prevent the judgment obligee from
claiming damages in the same or a separate action against a third-party claimant who filed
a frivolous or plainly spurious claim.
-When the writ of execution is issued in favor of the Republic of the Philippines, or any
officer duly representing it, the filing of such bond shall not be required, and in case the
sheriff or levying officer is sued for damages as a result of the levy, he shall be represented
by the Solicitor General and if held liable therefor, the actual damages adjudged by the
court shall be paid by the National Treasurer out of such funds as may be appropriated for
the purpose.
*terceria or 3rd party claim-is an affidavit asserting that he is the owner of the property
levied
-other remedies:
case for injunction, an action to annul the levy or action to annul/prevent auction sale
complaint in intervention –can be done only during the trial before judgment-thus a
separate action is necessary
-separate action by the 3rd party
The 3rd party cannot file directly in court a motion to recall the execution or nullify the
execution of the property levied- because he is not a party to the lawsuit-the remedy is to
file a COMPLAINT IN INTERVENTION in the subject case if the case is still on trial before
judgment thus there a separate action is necessary.
Intervenor-has an interest in the property subject matter of the controversy, has interest in
the success of either or an interest against and he is adversely affected by any disposition of
property within the custody of the court.
3 remedies of the 3rd person whose property was seized by the sheriff to answer for the
obligation or the judgement debtor: 1995 case evangelista vs. kenserger 242 scra 702
1. invoke the supervisory power of the court which authorized such execution sy v.
viscaya1815478
-only for obvious wrongful act of the sheriff in attaching the property
Shocking to the senses-the remedy is cancelling the sale and order another auction only
when the property sold is PERSONAL property. REASON: you lose ownership over the
property
-it will not apply is the property sold is REAL – you have no cause to complain because you
have the right to redeem and your redemption price is also lower. So there is no prejudice
to the judgment obligor.
Conveyance to purchaser of personal property not capable of manual delivery sec. 24 rule
39
-personal property- title transfers after payment of the purchase price and delivery upon
him. Delivery is either physical or symbolic.
Real property-ownership is transferred not after the auction sale but after expiration of the
right to redeem under sec. 25
Under sec. 23 and 24 what is conveyed in the auction sale is not the ownership of the
property but the law says: certificate of the sale conveys to the purchaser all rights which
the judgment obligor has in such property as to the date of levy or execution for preliminary
attachment.
In auction sale there is no warranty on the part of the sheriff under rule 29 unlike in private
transacton the vendor warrants ownership.
SC explained that at the sheriff’s sale the sheriff does not sell the land advertised to be sold
but the sheriff simply sells what interests in that land the judgment debtor has.
Sec. 28. Time and manner of, and amounts payable on, successive redemptions; notice to
be given and filed.
The judgment obligor, or redemptioner, may redeem the property from the purchaser, at
any time within one (1) year from the date of the registration of the certificate of sale,
-by paying the purchaser the amount of his purchase, with one per centum per month
interestthereon in addition, up to the time of redemption, together with the amount of
any assessments or taxes which the purchaser may have paid thereon after purchase,
and interest on such last named amount at the same rate;
and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other
than the judgment under which such purchase was made, the amount of such other lien,
with interest.
Property so redeemed may again be redeemed within sixty (60) days after the last
redemptionupon payment of the sum paid on the last redemption, with two per
centum thereon in addition, and the amount of any assessments or taxes which the last
redemptioner may have paid thereon after redemption by him, with interest on such last-
named amount, and in addition, the amount of any liens held by said last
redemptioner prior to his own, with interest.
The property may be again, and as often as a redemptioner is so disposed, redeemed from
any previous redemptioner within sixty (60) days after the last redemption, on paying the
sum paid on the last previous redemption, with two per centum thereon in addition, and the
amounts of any assessments or taxes which the last previous redemptioner paid after the
redemption thereon, with interest thereon, and the amount of any liens held by the last
redemptioner prior to his own, with interest.
Written notice of any redemption must be given to the officer who made the sale and a
duplicate filed with the registry of deeds of the place, and if any assessments or taxes are
paid by the redemptioner or if he has or acquires any lien other than that upon which the
redemption was made, notice thereof must in like manner be given to the officer and filed
with the registry of deeds; if such notice be not filed, the property may be redeemed
without paying such assessments, taxes, or liens.
Note:
In obligation granted by a bank, the general banking act sec 78 shall govern since it is a
special law applicable to banks, in case of redemption, the bank rate for the commercial
rate imposed by bank prevails.
Sec. 39 rule 39
All rents, earnings and income derived from the property pending redemption shall belong
to the judgment obligor until the expiration of his period of redemption.
2 documents which are executed under the law in case of real property:
1. certificate of sale under rule 25 rule 39
2. deed of conveyance sec. 33 rule 39 – after one year period has expired, without
redemption
Writ of possession – a writ issued by the court to the purchaser against the defendant who
refuses to vacate property
Satisfaction of the judgment shall be entered by the clerk of court in the court docket, and
in the execution book upon the return of a writ of execution showing full satisfaction of the
judgment
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 raised 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.
What is the effect in Rule 17 when a complaint is dismissed for failure to prosecute?
-It shall have the effect of an adjudication upon the merits, unless order provides otherwise.
SC said that the principle of res adjudicata should be discarded if its application would
involve sacrifice of justice for technicality.
Bar by former judgment is known as merger or bar and as claim preclusion- par. b
(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 raised 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
1.-two judgments – matter directly adjudged and matter could have been raised
2. accdg to SC there must be identity of parties,subject matter, identity of cause of action
3. 1st judgment is a bar to matters directly adjudged or as to any matter that could have
been raise in relation thereto
Example: compulsory counterclaim not raised in the 1 st action and filed in separate action is
res adjudicata by applying the concept of barred by a former judgment
2. law of the case- it is a principle which holds that a decision of appellate court on a case
brought before it on appeal shall subsequently bind the same parties in the same case
involving the same facts.
-SC said: under the law of the case, once irrevocably established as the controlling principle
or decision, continues to be that law of the case between the same parties in the same
case. Such stability and conclusiveness given to final judgments of courts of competent
jurisdiction are said to be grounded on reason of public policy.
-law of the case refers only to one case which may or may not be invoked in subsequent
cases
3. stare decisis-decisions of the SC are precedents. The purpose of this is to attain stability
and judicial order.
In either case, the judgment or final order may be repelled by evidence of a want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.
How do you enforce?
The usual procedure, you file a case against the same defendant here and the cause of
action is enforcement of a foreign judgment. And then the Phil court will render a judgment
enforcing it and then you can execute.