Practice question
A party transfers its litigated title after commencement to a successor who asserts the same right and capacity. All preclusion requisites otherwise exist. The successor invokes its different name alone. Which is correct?
- Only the transfer price matters
- A new name always defeats the judgment
- Transfers always erase pending litigation
- The specified succession can satisfy substantial identity
- A successor automatically gains greater rights
Legal references
- Rule39 Sections16,26,47–48: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Heirs of Solano v. Dy, GR228490 and228645, February12,2024, MAIN ruling on substantial identity, privity and issue preclusion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69722
Answer this question in flashcards to review your response and continue practicing.