GR 41718; (May, 1935) (Digest)
G.R. No. L-41718. May 29, 1935.
GABRIEL TEJEDOR, ET AL., plaintiffs-appellants, vs. MONSERRAT PALET, ET AL., defendants-appellees.
FACTS
The plaintiffs, Gabriel Tejedor and others, claimed ownership over a portion of land designated as lot No. 2, block 379 of the Manila cadastral survey, fronting Mabini Street. Their claim was based on a deed of partition and adjudication dated February 6, 1926, executed by Jose Oliver Bauza on behalf of the co-owners. The deed adjudicated to the plaintiffs a property described as having an area of 994.53 square meters and situated on lot No. 1, block 379. In a prior cadastral proceeding (Cadastral Case No. 63), the plaintiffs obtained Original Certificate of Title No. 7171 covering both lots 1 and 2 of block 379. However, the defendants successfully petitioned for a revision of the decree concerning lot No. 2, arguing that the 1926 deed only adjudicated lot No. 1 to the plaintiffs. The Supreme Court, in a final decision, affirmed the revision order, decreeing lot No. 2 in favor of the defendants. The plaintiffs then filed the present action, seeking either delivery of a portion of lot No. 2 or payment of its value, contending they were entitled to the full 994.53 square meters mentioned in the 1926 deed.
ISSUE
Whether the plaintiffs are entitled to claim a portion of lot No. 2 based on the deed of partition and adjudication, or whether their claim is barred by the principle of res judicata due to the final decision in the prior cadastral case.
RULING
No. The Supreme Court affirmed the trial court’s dismissal of the complaint. The doctrine of res judicata bars the plaintiffs’ claim. The ownership of lot No. 2 was the direct subject of the prior cadastral case, which was litigated between the same parties or their privies and resulted in a final judgment decreeing lot No. 2 in favor of the defendants. The plaintiffs cannot relitigate the same issue under a different form of action. Furthermore, the deed of partition clearly referred only to the property purchased from Francisco de Paula Ossorio (lot No. 1), and the area of 994.53 square meters stated therein was a mathematical error resulting from adding the area of the lot (738.16 sq. m.) to the area occupied by the house (256.37 sq. m.). The true area of lot No. 1 was further reduced to 562.20 square meters after a portion was expropriated for street widening.
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