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Melina Macahilig vs Heir of Grace Magalit

MELINA P. MACAHILIG, petitioner, vs. The Heirs of GRACE M. MAGALIT, respondents.

G.R. No. 141423 | 2000-11-15

D E C I S I O N

PANGANIBAN, J.:

An interlocutory order cannot give rise to res judicata. Only a final and unappealable judgment on the merits rendered by a court of competent jurisdiction can effectively bar another action that has identical parties, subject matter and cause of action as the prior one.

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the Decision[1] dated October 15, 1999, and the Resolution dated December 28, 1999, issued by the Court of Appeals (CA) in CA-GR SP No. 31809. The dispositive portion of the challenged Decision reads as follows:

"WHEREFORE, the petition for...