G.R. No. L-13816; May 31, 1965
SEVERO ROMERO, ET AL., plaintiffs-appellants, vs. ISABELO DE LOS REYES, JR., ETC., defendant-appellee.

FACTS

The Iglesia Filipina Independiente (IFI), founded by Gregorio Aglipay, was divided into two factions in 1946, one led by Bishop Santiago A. Fonacier and the other by Bishop Isabelo de los Reyes, Jr., each claiming to be the legitimate Obispo Maximo. In a prior accounting case (G.R. No. L-5917, decided January 28, 1955), the Supreme Court upheld de los Reyes, Jr. as the legitimate Obispo Maximo. In that case, Fonacier had raised the issue of de los Reyes, Jr.’s alleged abjuration or apostasy for repudiating the IFI’s fundamental doctrines as contained in the Doctrina y Reglas Constitucionales and the Oficio Divino, but the Court deemed the issue irrelevant to the main question of leadership. Subsequently, on August 24, 1957, Severo Romero and 44 others, as a class suit representing faithful adherents to the original IFI doctrines, filed the present action for recovery of possession of IFI properties. They alleged that on or about August 5, 1947, de los Reyes, Jr., together with a Supreme Council of Bishops and a General Assembly, adopted a “Declaration of Faith” and “Articles of Religion” that radically departed from and repudiated the IFI’s original doctrines and rituals. They contended that this act of abjuration divested de los Reyes, Jr. of all authority and rights to administer the IFI and its properties, which should be returned to the plaintiffs as loyal adherents. The defendant was declared in default for failure to file a timely answer, and the trial proceeded with the reception of plaintiffs’ evidence. The trial court, however, dismissed the complaint, holding that the question of property recovery due to alleged abandonment of faith had already been settled in the prior Supreme Court case (G.R. No. L-5917).

ISSUE

Whether the trial court erred in dismissing the complaint on the ground of res judicata, despite the defense not being formally pleaded by the defendant in a Motion to Dismiss or an Answer.

RULING

The Supreme Court affirmed the trial court’s decision. It held that while the defense of res judicata is ordinarily pleaded as an affirmative defense, it may be raised in other ways. In this case, the defense was brought out during the defendant’s testimony at the hearing for the preliminary injunction, and the trial court could take judicial notice of the prior judgment in G.R. No. L-5917. The Court found that the issue of property rights arising from the alleged abjuration was already conclusively settled in the prior case. In that decision, the Court of Appeals, whose findings were affirmed by the Supreme Court, had ruled that the amendments (Declaration of Faith and Articles of Religion) were legally and validly adopted by the duly constituted bodies of the IFI headed by the legitimate Obispo Maximo, Isabelo de los Reyes, Jr., and that matters of faith, doctrine, and ecclesiastical law are outside the province of civil courts. The numerical majority of the church was also recognized to be with de los Reyes, Jr.’s faction. Therefore, the present action was barred by res judicata.