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Ireneo Tobias, Et Al. Vs. Temistocles B. Diez

IRENEO TOBIAS, JESUS TOBIAS, CRISPINA TOBIAS, ANTONIO TOBIAS — guardian ad litem JESUS TOBIAS, petitioners, vs. HONORABLE TEMISTOCLES B. DIEZ (Presiding Judge of the Court of First Instance of Leyte, Branch IX), CAPITOLINA TOBIAS, ROBERTO UY KIM and ENRIQUE CIACHO, respondents.

G.R. No. 56865 | 1992-09-02

D E C I S I O N


MELO, J.:

The controversy at bar is focused on whether the doctrine of res judicata was properly appreciated by the court a quo as to completely foreclose the institution of the case for reconveyance by herein petitioners in view of the final disposition made by the same magistrate in a previous suit for partition involving the same subject matter.

Felisa Tobias, the mother of herein petitioners and the respondent Capitolina Tobias, obtained the realty in dispute via purchase from Manuela, Antonio and Lourdes Tarrius on September 19, 1958 to the extent of three-fourths thereof (p. 28, Rollo) for which Transfer...