ALLIED BANKING CORPORATION, vs. HON. COURT OF APPEALS AND FILOTEO ALANO.
- G.R. Number: G.R. No. 108089
- Promulgated: 1994-01-10
- Ponente: Davide, Jr., J.
Doctrine
Res judicata applies when a prior judgment unequivocally determined the rights and obligations of the parties with respect to the same causes of action and subject matter, thereby putting an end to the controversy.
All essential requisites of res judicata were present; a plaintiff cannot evade res judicata by varying the form of action, changing presentation, or adding/dropping parties in a subsequent case.
Facts
Petitioner filed a petition for review on certiorari to set aside the Court of Appeals decision affirming dismissal of its complaint for res judicata.
The petitioner previously filed a First Case involving promissory notes, letters of credit, and trust receipts; the Second Case (Civil Case No. 90-54998) filed 31 October 1990 restated the same causes of action and named the same defendants including Alano.
Defendant Alano moved to dismiss the Second Case on grounds that the issues had been finally settled in the First Case; the trial court granted the motion and dismissed Alano from the complaint.
Issues
Whether the Court of Appeals committed reversible error in affirming the trial court's dismissal of the Second Case on the ground of res judicata.
Ruling
The petition is DENIED for lack of merit; the Court of Appeals did not err in affirming dismissal of the Second Case on res judicata grounds and defendant Alano's Motion to Dismiss is granted.
Keywords
G.R. No. 108089, res judicata, cause of action, petition for review on certiorari, motion to dismiss, judgment on the merits, identity of causes of action, promissory notes, letters of credit, trust receipts, Continuing Guaranty/Comprehensive Surety, Section 7, Rule 8 of the Rules of Court, finality of judgment, public policy, nemo debet bis vexari et eadem causa, republicae ut sit finis litium, elements of res judicata, jurisdiction, first, cause