Friday, March 31, 2023

Identity of causes of action

 "4. ID.;ID.;ID.;ID.; THE TEST OF IDENTITY OF CAUSES OF ACTION LIES NOT IN THE FORM OF THE ACTION BUT ON WHETHER THE SAME EVIDENCE WOULD SUPPORT AND ESTABLISH THE FORMER AND THE PRESENT CAUSES OF ACTION.— As regards identity of causes of action, this requisite is similarly present although the same may not be quite apparent. In Civil Case No. 1701, the caption clearly indicates that the action is one for injunction while in Civil Case No. 111-1549, the caption does not state the title of the action as required by Sec. 1, Rule 7 if the Rules of Court. This omission notwithstanding, the test of identity of causes of action lies, not in form of the action, but on whether the same evidence would support and establish the former and the present causes of action."

Source - 

[G.R. No. 96921. January 29, 1993.]

DEVELOPMENT BANK OF THE PHILIPPINES, NATIONAL DEVELOPMENT COMPANY and NATIONAL STEEL CORPORATION, Petitioners, v. JUDGE AMIR PUNDOGAR, in his capacity as Presiding Judge of the Regional Trial Court of Iligan City, 12th Judicial Region, Branch III, FERNANDO JACINTO, JACINTO STEEL, INC., and ILIGAN INTEGRATED STEEL MILLS, INC., Respondents.

Office of the Government Corporate Counsel for petitioners.

Link - chanrobles.com. 

https://www.chanrobles.com/cralaw/1993januarydecisions.php?id=68