63.

MACARAEG VS CA

FACTS:

A case involving an agricultural land was filed over the

Court of Agrarian Relations.

The judgement of the Court of Agrarian Relations went in

favor of the plaintiffs.

On appeal, the CA (respondent court) affirmed the agrarian

court's judgment basing its decision ground that there is
an alleged procedural defect at the pretrial stage that was
not raised by the petitioners, hence, deemed waived.

ISSUE:

Whether or not the CA committed an error of law in not

applying the principle of res judicata.

RULING:

The appellate court found that there is no Identity of the

parties and the subject matter as between the present case
and a former case docketed as CAR Case No. 2582-T '73.
Such identity is an indispensable requisite of the doctrine
of res judicata.

The Supreme Court upheld the appellate court's findings

with respect to the non-applicability of the said doctrine in
the absence of substantial evidence to the contrary.

The Supreme Court held that the findings of fact of the

court of Appeals are final and conclusive and cannot be
reviewed on appeal to the Supreme Court provided they
are based on substantial evidence.

Petition is DISMISSED.