Practice question
A plaintiff loses a claim by a final merits judgment of a competent court. The plaintiff sues the same defendant again on the same cause and subject, in the same capacities, merely giving the pleading a different title. All other requisites are present. Which is correct?
- A new title necessarily creates a new cause.
- The first judgment vanishes upon refiling.
- The same claim can always be tried again if counsel changes.
- Bar by prior judgment applies despite the changed pleading label.
- The second suit automatically becomes a foreign judgment.
Legal references
- https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official2019 Rules, Rule39§§47–48 and Rules57–61.
- https://lawphil.net/judjuris/juri2025/aug2025/gr_243317_2025.html — Aguila v Perfect Dimension, GR243317, August4 2025, main decision.
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