Tuesday, July 28, 2009

Litis Pendentia

The requisites of litis pendentia are: (a) the identity of parties, or at least such as representing the same interests in both actions; (b) the identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) the identity of the two cases such that judgment in one, regardless of which party is successful, would amount to res judicata in the other. (Villarica v. Gernale, G.R. No. 163344, March 20, 2009)

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