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.).
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