G.R. No. L-22282 November 21, 1966
MANUEL SUAREZ, plaintiff and appellant, vs. THE MUNICIPALITY OF NAUJAN, ORIENTAL MINDORO, and MANUEL MARCOS, the Mayor thereof; THE MUNICIPALITY OF POLA, same Province and PEDRO ASERON, the Mayor thereof, defendants and appellees.

FACTS

Plaintiff Manuel Suarez filed a complaint for declaratory relief with preliminary injunction in the Court of First Instance of Manila against the Municipalities of Naujan and Pola and their respective Mayors. He sought a judgment to determine the legality and enforceability of a lease contract he entered into with Pola for exclusive fishery rights in a part of Naujan Lake, the existence of Pola’s “municipal waters” over Naujan Lake, and the extent of such waters. Prior to this, Suarez had filed two separate special civil actions in the Court of First Instance of Oriental Mindoro against the same defendants. The first (Special Civil Case No. R-1054) was a prohibition case with preliminary injunction filed on August 25, 1961, seeking to restrain Naujan from interfering with his fishery rights based on a decision of the Office of the President dated April 18, 1962, which was then pending reconsideration. The second (Special Civil Case No. R-1077) was a mandamus case with preliminary injunction filed on November 12, 1962, alleging the same decision had become final and executory and adding claims for damages. Both Mindoro cases were dismissed by orders dated April 24, 1963, on the ground that the Office of the President had revoked its April 18, 1962 decision on March 12, 1963, thereby removing the cause of action. Suarez did not appeal these dismissal orders, and they became final. The Manila court, upon motion by defendants, dismissed Suarez’s complaint for declaratory relief on the ground of res judicata, which order Suarez appealed directly to the Supreme Court.

ISSUE

Whether the dismissal of the present complaint for declaratory relief is proper on the ground of res judicata.

RULING

Yes, the dismissal is proper. All requisites of res judicata are present: (1) The orders of dismissal issued by the Mindoro court in the two prior cases are final judgments on the merits, as no appeal was taken and a dismissal for lack of cause of action is considered an adjudication on the merits. (2) The Mindoro court had jurisdiction over the subject matter (enforceability of fishery rights over Naujan Lake) and the parties, who were properly summoned. (3) There is identity of parties, as the plaintiff and defendants in the present case are substantially the same as in the prior cases. (4) There is identity of causes of action and subject matter, as the core issue in all three cases is the refusal of Naujan to allow Suarez to exercise his fishery rights under the lease contract with Pola. The principle of res judicata applies notwithstanding the different form of action or relief prayed for in the present complaint for declaratory relief. A party cannot escape the operation of res judicata by varying the form of action or method of presenting his case. The Supreme Court affirmed the orders of the Manila court dismissing the complaint.