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Res Judicata

This document discusses the legal concept of res judicata and its key elements and exceptions. Res judicata involves two cases - the first case is decided with finality, then a second case is filed involving the same subject matter and parties. For res judicata to apply, the first case must have been decided on the merits after both parties were given due process. If these elements are met, the second case will be dismissed. The document outlines the two aspects of res judicata and provides an example of how the conclusiveness of a prior judgment can prevent re-litigation even if the parties have changed. It also discusses litigious motions like motions to dismiss and for a bill of particulars.

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Alvin Renz Bautista
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121 views2 pages

Res Judicata

This document discusses the legal concept of res judicata and its key elements and exceptions. Res judicata involves two cases - the first case is decided with finality, then a second case is filed involving the same subject matter and parties. For res judicata to apply, the first case must have been decided on the merits after both parties were given due process. If these elements are met, the second case will be dismissed. The document outlines the two aspects of res judicata and provides an example of how the conclusiveness of a prior judgment can prevent re-litigation even if the parties have changed. It also discusses litigious motions like motions to dismiss and for a bill of particulars.

Uploaded by

Alvin Renz Bautista
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Res judicata- It also involves two cases.

The difference is that first case has been decided with finality and then a second case was filed.

Elements
1. First case has been file and been decided with finality by a court that has jurisdiction
over the case and after trial on the merits. Trial on the merits means that both
parties/all parties to the case were given equal opportunities to present their evidence
or in other words were all given the due process of law.
2. Second case was filed and there’s identity of parties, identity of cause of actions, same
subject matter, same reliefs sought. Since the first case has been resolved with finality,
the second case will always be dismissed.

However, element number 1 is not always absolute because of Rule 17, Dismissal of Plaintiff.
The two dismissal rule is the res judicata there. This is one of the exceptions. The other
exception is also on the Rule 17, dismissal because of the plaintiff. Dismissal is with prejudice
unless otherwise stated by the court.

Grounds on the dismissal because of the plaintiffs


1. Plaintiff fails to prosecute his case
2. Unreasonable length in presenting his evidence
3. Failure to present in chief
4. Failure to comply with the court order
5. Failure to comply with the rules.

Two (2) aspects of Res Judicata


1. Bar by former judgement- Regular res judicata
2. Conclusiveness of judgement- Actually the law of the case. The decision in the first case
is conclusiveness on the second case if it is the same subject matter regardless if the
parties have changed. Example: Plaintiff vs defendant for rescission of contract of sale.
The plaintiff wants to rescind the contract of sale because he claims that he never
executed the contract of sale. He is claiming forgery and declaring the contract null and
void. The court dismissed the case in favor of the defendant and the decision was final.
The defendant now transferred the ownership in his name. Then, the defendant sells
the property to X then X leases it to Y. Y puts up an apartment building in the property
and collects the rent under a build, operate, transfer condition and not actually a lease.
Y still pays rent of the lot to X until the lease expiration and will eventually turnover also
the building once that period comes. The plaintiff in the first case died, and was
substituted by his children. The plaintiff’s children filed a case against X and Y for
recovery of ownership, possession and damages for Y to remit the rentals. Is there res
judicata? Yes because of conclusiveness of judgement. The decision of the court in the
first case upholding the right of the defendant to property is conclusive in the second
case.
Litigious motion- a motion to dismiss is a litigious motion. Proof of service must be present.
Rule for litigious motions is that it should contain a notice of hearing. The plaintiff should right
away file his opposition to the litigious motion within 5 calendar days from receipt of the
motion.
When the court resolves litigious motions, it will resolve it based on the motion to dismiss and
the opposition alone. Defendant files a motion to dismiss while plaintiff files opposition.

Other grounds for a motion to dismiss


1. Lack of cause of action – Under Rule 2,

Motion for a bill of particulars- file by the defendant asking for a clearer statement in the
complaint. It is also a litigious motion. The court can decide it outright. How will the plaintiff
comply? By amending his complaint or by filing a mere compliance to the order of the court.
This will form part of the record of the case. If the court denies the motion for bill of particulars,
the defendant will need to file his answer.

Next lecture: If the defendant files an answer.

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