Thursday, June 25, 2015

RES JUDICATA:

    the previous final judgment denying a petition for declaration of nullity of the marriage on the ground of psychological incapacity bars a subsequent petition for declaration of nullity of marriage on the ground of lack of marriage license. both petitions actually have the same cause of action although founded merely on different grounds. hence, a party cannot evade or avoid the application of res judicata by simply varying the form of his action or adopting a different method of presenting his case.


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