Practice question
A final competent judgment necessarily decides a deed issue against a party. A qualifying successor later asserts the identical issue on the same derived title in a different-cause action. All conditions exist. Does a new name alone avoid preclusion?
- Only the deed’s color matters
- Every new name defeats every issue finding
- A transfer always cancels adjudication
- Different causes eliminate issue preclusion automatically
- No
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.