G.R. No. L-20844; August 14, 1965
Angelita F. Rivera, plaintiff-appellant, vs. Loreto Luciano, defendant-appellee.

FACTS

On May 16, 1962, Angelita F. Rivera filed Civil Case No. 50408 against Loreto Luciano in the Court of First Instance of Manila to collect the sum of P5,862.60. Upon motion of the defendant, the case was dismissed on June 9, 1962, on the ground that Rivera’s husband was not joined as a defendant. Rivera did not appeal this dismissal order. On August 14, 1962, Rivera filed another action, Civil Case No. 51262, against the same defendant for the recovery of P5,897.60. This case involved the same subject matter, cause of action, and parties as the first case. The complaint alleged that the husband was not joined because the defendant was engaged in business. The defendant moved to dismiss this second case on the ground that it was barred by the dismissal of the first case. The trial court granted the motion and dismissed the case, leading to this appeal.

ISSUE

Whether or not the dismissal of Civil Case No. 50408 for non-joinder of a party was an adjudication on the merits that would bar the institution of Civil Case No. 51262.

RULING

Yes. The dismissal of the first case operated as an adjudication on the merits, barring the second action. Section 4 of Rule 30 of the old Rules of Court provided that any dismissal not provided for in other specific sections of the rule, and other than a dismissal for lack of jurisdiction, operates as an adjudication upon the merits, unless the court orders otherwise. The dismissal of Civil Case No. 50408 was not based on the grounds in Sections 1, 2, and 3 of Rule 30, nor was it for lack of jurisdiction. The court did not order the dismissal to be without prejudice. Therefore, the dismissal was an adjudication on the merits. Since it became final, it barred the filing of another action on the same cause of action. The order dismissing the second case was affirmed.