My grandfather lost in a civil case for recovery of land against Juan sometime in 1990. He once told me that if I have the money, I should file a case against Juan to recover the land, as the same is part of my inheritance. I am the only surviving heir of my grandfather, hence I would like to follow his advice. Is this possible?The filing of an action to recover the same land may no longer be possible under the circumstances since this is already barred by prior judgment.
Prior judgment may be an affirmative defense or ground for dismissal of an action. This is the principle of res judicata. Res judicata was explained by the court in the case of Ang Jr. “Res judicata is a legal principle that regards a final judgment on the merits of a case as conclusive between the parties to such case and their privies. The principle, in our jurisdiction, may be applied in two ways.
“The second way or the ‘conclusiveness of judgment rule,’ on the other hand, considers the final judgment in a previous case not as an absolute bar to a subsequent case between the same parties, but merely as having a preclusive effect on the latter case insofar as the matters already settled in that final judgment are concerned.
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