Philippine Bar review · Question

Practice question: Conclusiveness of Judgment

Multiple Choice Hard Jurisprudence

Practice question

A relative of a prior litigant owns a genuinely independent right, was not represented and is not a privy or successor. It is argued that kinship alone establishes issue-preclusion identity. No other basis exists. Which is correct?
  1. Kinship alone does not establish the stipulated missing privity
  2. Every relative is automatically bound on every right
  3. A surname creates universal representation
  4. Family relation replaces jurisdiction
  5. Only age determines identity

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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