Practice question
A different-cause lawsuit involves the same parties but challenges a provisional finding never made final. Opponent says difference in causes removes the need for any final judgment because Section47(c) is broad. Which is sound?
- Every provisional finding becomes final in a new cause
- Different causes do not erase the final-judgment requirement
- Matching names alone are sufficient
- The later complaint cures the earlier nonfinality
- Only the second court’s preference matters
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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