GR L 670; (June, 1949) (Digest)
G.R. No. L-670; June 16, 1949
SEGUNDA SINGAPORE y VALERIO FLORES, plaintiffs-appellants, vs. PABLO VALENZUELA y MOISES PARDO, defendants-appellees.
FACTS
In 1924, the plaintiffs filed a case for ownership and possession of a parcel of land against the defendant. The parties entered into a compromise agreement for the division of the land, which the court approved in a judgment. Years later, the plaintiffs filed another case, which was dismissed. In 1938, the defendant filed an action for forcible entry (despojo) against the plaintiffs over the same land before the justice of the peace court, which he won. In 1946, the defendant sought execution of that judgment. To prevent it, the plaintiffs filed the present action in the Court of First Instance, seeking a declaration of absolute ownership and possession, and a preliminary prohibitory injunction. The defendant moved to dismiss the complaint. The trial court granted the motion and dismissed the case.
ISSUE
Whether the trial court correctly dismissed the complaint on the ground of res judicata.
RULING
No. The order of dismissal is reversed. The complaint states a sufficient cause of action. The forcible entry judgment only settled the issue of possession, creating res judicata on that point. It did not constitute res judicata on the issue of ownership, which is the principal objective of the present suit. The case is remanded to the trial court for further proceedings.
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