Monday, September 1, 2014

RES JUDICATA:

     For the preclusive effect of res judicata to be enforced, the following requisites must be present: (1) the judgment or order sought to bar the new action must be final; (2) the decision must have been rendered by a court having jurisdiction over the subject matter and the parties; (3) the disposition of the first case must be a judgment on the merits; and (4) there must be between the first and second action, identity of parties, subject matter and causes of action. As to the fourth element, it is important to note that the doctrine of res judicata has two aspects: first,bar by prior judgment” which is provided in Rule 39, Section 47 (b) of the Rules of Court and second, “conclusiveness of judgment” which is provided in Section 47 (c) of the same Rule.  There is “bar by prior judgment” when, as between the first case where the judgment was rendered, and the second case that is sought to be barred, there is identity of parties, subject matter, and causes of action. But where there is identity of parties and subject matter in the first and second cases, but no identity of causes of action, the first judgment is conclusive only as to those matters actually and directly controverted and determined and not as to matters merely involved therein. On the other hand, under the doctrine of conclusiveness of judgment, facts and issues actually and directly resolved in a former suit cannot again be raised in any future case between the same parties, even if the latter suit may involve a different claim or cause of action. The identity of causes of action is not required but merely identity of issues. (PHILIPPINE NATIONAL BANK vs. SIA, G.R. No. 165836, February 18, 2009, Second Division, Quisumbing, J.).

Thursday, August 28, 2014

INSTANCES WHERE A WRIT OF EXECUTION MAY BE APPEALED:

   1) the writ of execution varies the judgment;  2) there has been a change in the situation of the parties making execution inequitable or unjust;  3) execution is sought to be enforced against property exempt from execution;  4)  it appears that the controversy has never been subject to the judgment of the court; 5) the terms of the judgment are not clear enough and there remains room for interpretation thereof; or 6) it appears that the writ of execution has been improvidently issued, or that it is defective in substance, or is issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority. (GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION VS. GENERAL MILLING CORPORATION, G.R. NO. 183122, JUNE 15, 2011, PEREZ, J.).

Wednesday, August 27, 2014

THE FACTUAL FINDINGS OF THE TRIAL COURT, AFFIRMED BY THE COURT OF APPEALS, ARE FINAL AND CONCLUSIVE AND MAY NOT BE REVIEWED ON APPEAL:

   The established exceptions are: (1) when the inference made is manifestly mistaken, absurd or impossible; (2) when there is grave abuse of discretion; (3) when the findings are grounded entirely on speculations, surmises or conjectures; (4) when the judgment of the CA is based on misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (7) when the findings of fact are conclusions without citation of specific evidence on which they are based; (8) when the CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion; and (9) when the findings of fact of the CA are premised on the absence of evidence and are contradicted by the evidence on record (FILIPINAS FIBER SYNTHETIC CORPORATION vs. WILFREDO DELOS SANTOS ET AL., G.R. No. 152033, MARCH 16, 2011, PERALTA, J.)

Friday, August 22, 2014

THE SPECIAL CIVIL ACTION OF CERTIORARI IS NOT AND CANNOT BE A SUBSTITUTE FOR AN APPEAL, WHERE THE LATTER REMEDY IS AVAILABLE:

   To be sure, a petition for certiorari is dismissible for being the wrong remedy. Indeed, we have noted a number of exceptions to this general rule, to wit: 1) when public welfare and the advancement of public policy dictate; 2) when the broader interest of justice so requires; 3) when the writs issued are null and void; 4) when the questioned order amounts to an oppressive exercise of judicial authority; 5) when, for persuasive reasons, the rules may be relaxed to relieve a litigant of an injustice not commensurate with his failure to comply with the prescribed procedure; or 6) in other meritorious cases. None of the above exceptions are present in the instant case; hence, we apply the general rule. Respondent not having availed himself of the proper remedy to assail the dismissal of the case against petitioners, the dismissal has become final and executory. (SANTOS vs. ORDA, G.R. No. 189402, May 6, 2010, NACHURA, J.).

Wednesday, August 20, 2014

APPELLATE JURISDICTION OF THE REGIONAL TRIAL COURT:

  The RTC the exercise of appellate jurisdiction over all cases decided by the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions.  Clearly, the amount involved P13, 300.00 assessed value of the subject property as declared by respondents, is immaterial for purposes of the RTC’s appellate jurisdiction.  All cases decided by the MTC are generally appealable to the RTC irrespective of the amount involved. (Sec. 22 of B.P. 129; Federica M. Serrano vs. Spouses Anselmo and Carmelita Gutierrez, G.R. No. 162366, November 10, 2006, Tinga, J.)