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Baguio vs. De Jalagat, et al.

GABRIEL BAGUIO, plaintiff-appellant, vs. TEOFILA L. VDA. DE JALAGAT, for herself and in representation of her minor children, DOMINADOR, LEA, and TEOFILA, all surnamed JALAGAT; ANABELLA JALAGAT and EMMANUEL JALAGAT, defendants-appellees.

G.R. No. L-28100 | 1971-11-29

D E C I S I O N


FERNANDO, J:

The specific legal question raised in this appeal from an order of dismissal by the Court of First Instance of Misamis Oriental, presided by the Hon. Benjamin K. Gorospe, one which has not as yet been the subject of a definitive ruling, is whether or not on a motion to dismiss on the ground of res judicata that the cause of action is barred by a prior judgment, a lower court may take judicial notice of such previous case decided by him resulting in the prior judgment relied upon. Judge Gorospe answered in the affirmative. So do we. An affirmance is thus called for.

The case started with the complaint for...