Академический Документы
Профессиональный Документы
Культура Документы
DECISION
AUSTRIA-MARTINEZ, J.:
f). Rustico Ruizo OCT No. OE-1184 and EP No. A-045453, with
an area of .3929 ha., all issued and registered with the Register of
Deeds of Leyte on October 7, 1987 and April 22, 1988,
respectively.
SO ORDERED.
Petitioners then filed in the CA, a petition for review under Rule 45
of the Rules of Court, docketed as CA-G.R. SP No. 49074. It was
dismissed outright per the CAs herein assailed resolution
promulgated on November 18, 1998, to wit:
SO ORDERED.[7]
II
III
The basic question in the present petition is: should the Court
require the CA to give due course to CA-G.R. SP No. 49074 despite
the failure of herein petitioners to comply with the formal
requirements of the Rules of Court in filing a petition for review
under Rule 45, as pointed out earlier by said appellate court?
The order of dismissal dated June 28, 1988, in Agrarian Case No.
PK-0001 of RTC (Branch 17) Palompon, Leyte, simply recites:
The principle of res judicata does not apply when the dismissal of
the earlier complaint, involving the same plaintiffs, same subject
matter, same theory and the same defendants, was made without
prejudice to its refiling at a future date,[21] or in a different
venue, as in this case. The dismissal of the case without
prejudice indicates the absence of a decision on the merits and
leaves the parties free to litigate the matter in a subsequent
action as though the dismissal action had not been commenced.
In other words, the discontinuance of a case not on the merits
does not bar another action on the same subject matter.[22]
SO ORDERED.
[2] Ibid.
[3] Herein respondents.
[12] Donato vs. Court of Appeals, 417 SCRA 2I6, 223 (2003).
[19] Id., pp. 53-54. See also Vergara vs. Ocumen, 114 SCRA 446,
451(1982).
[20] Barcelona vs. CA, 412 SCRA 41, 52 (2003); Roxas vs. Court of
Appeals, 363 SCRA 207, 219 (1991).
[22] Meliton vs. Court of Appeals, 216 SCRA 485, 495-496 (1992).
[23] Estolas vs. Mabalot, 381 SCRA 702, 709-710 (2002); Corpus
vs. Grospe, 333 SCRA 435, 437 (2000); Medrana vs. Office of the
President, 188 SCRA 818, 826 (1990).
[24] Estolas vs. Mabalot, supra, p. 710; Medrana vs. Office of the
President, supra.
Comment
Name *
Email *
Website
image = image
POST COMMENT
HomeAboutMembersServicesLibraryE-legal ForumContact Us
Copyright 2016. Jaromay Laurante Pamaos Law. All Rights
Reserved. Careers | Terms of Use MiW Design Studio