SECOND DIVISION
[UDK-16405. June 10, 2019.]
MANUEL T. VILLADELGADO, JR., petitioner, vs.PROVINCE OF NEGROS OCCIDENTAL AND OFFICE OF THE REGISTER OF DEEDS OF BACOLOD CITY, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"UDK-16405 (Manuel T. Villadelgado, Jr. v. Province of Negros Occidental and Office of the Register of Deeds of Bacolod City)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the October 9, 2018 Decision 2 and the January 17, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CEB CV No. 04988 for failure of petitioner Manuel T. Villadelgado, Jr. (petitioner) to sufficiently show that the CA committed any reversible error in affirming the August 1, 2012 Order 4 of the Regional Trial Court of Bacolod City, Branch 44. HTcADC
As correctly ruled by the CA, the finality 5 of Civil Case No. 12132 operated as res judicata warranting the dismissal of Civil Case No. 11-13734, as both cases involved the same cause of action — petitioner's purported claim of ownership of the subject-properties. 6 Under the doctrine of res judicata in the concept of "bar by prior judgment," the finality of a prior judgment serves as a bar to another action founded upon the same claim, demand or cause of action. 7 It is well-settled that parties are not allowed to litigate the same issue more than once, and when a right or fact has been judicially tried and determined by a court of competent jurisdiction, such is deemed conclusive upon the parties and those in privity with them in law or estate, 8 as in this case.
SO ORDERED. (REYES, J., JR., J., on leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-30.
2.Id. at 32-47. Penned by Associate Justice Gabriel T. Ingles with Associate Justices Marilyn B. Lagura-Yap and Emily R. Aliño-Geluz, concurring.
3.Id. at 49-52.
4.Id. at 157-161. Signed by Presiding Judge Franklin J. Demonteverde.
5. Not attached to the rollo.
6. See rollo, pp. 43-45.
7. See Orendain v. BF Homes, Inc., 536 Phil. 1059, 1073 (2006).
8. See Montelibano v. CA, 275 Phil. 899, 905 (1991).