i. Bar by Prior Judgment

7. Aspects of res judicata

a. Bar by prior judgment b. Conclusiveness of judgment

Exception to exception

When a contract of lease provides for the payment of the rent in separate installments, each installment may be considered an independent cause of action, but in an action upon such a lease for the recovery of rent, the installments due at the time the action was brought must be included in the complaint, and failure to do so constitutes a bar to a subsequent action for such overdue rent. (Larena v. Villanueva, G.R. No. L-29155, 1928)

RES JUDICATA has Two Aspects

• Bar by Prior Judgment – the judgment or final order is a bar to the prosecution of a subsequent action based on the same claim or cause of action.
• Conclusiveness of Judgment – the judgment or final order precludes the re-litigation of particular issues or facts on a different demand or cause of action.

Judgment For or Against One or More of Several Parties Judgment MAY be given for or against one or more of several plaintiffs, and for or against one or more of several defendants.

When justice so demands, the court may require the parties on each side to file adversary pleadings as between themselves and determine their ultimate rights and obligations. (Rule 36, Sec. 3)

Res Judicata or Bar By Prior Judgment

A judgment or decree of a court of competent jurisdiction concludes the litigation between the parties and their successors or privies and bars a new action or suit involving the same cause of action.