Practice question
An independent owner acquired an unrelated right before the earlier case, was neither party nor privy and asserts a genuinely different title. No other preclusion basis exists. Opponent invokes only Section47(b)’s subsequent-title language. Which is correct?
- Every earlier owner is a subsequent-title successor
- That language does not supply the missing qualifying succession
- Property proximity creates privity
- Any common surname proves identity
- The prior parties may bind every stranger
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
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