Baguio v. Vda De Jalagat – GR L-28100, 29 November 1971

Facts:
Petitioner when to the RTC to file a complaint previously decided by the said court. The RTC ruled that the action against the respondents was barred by res judicata. The RTC took judicial notice on the decision it previously rendered as ground for the dismissal. Petitioner then went to the SC to raise the issue below.

Issue:
whether a motion to dismiss on the ground of res judicata that the cause of action is barred by a prior judgment and a previous ruling is applicable in the case under consideration.

Held:
Yes, the law would lend itself to a well-deserved reproach if the Rules of Court would sanction such a proceeding distinguished by nothing but its futility. It ought to be clear even to appellant that under the circumstances, the lower court certainly could take judicial notice of the finality of a judgment in a case that was previously pending and thereafter decided by it. That was all that was done by the lower court in decreeing the dismissal. Certainly, such an order is not contrary to law.

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One thought on “Baguio v. Vda De Jalagat – GR L-28100, 29 November 1971

  1. Pingback: EVIDENCE

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