J.M. Tuason vs.

Herminio Mariano
GR. No 33140, October 23, 1978
Stare Decisis. Follow past precedents and don't disturb what has been settled. Matters
already decided on the merits cannot be re litigated again and again.
Facts: Manuela and Maria Aquial filed a complaint wherein the prayed that they be declared the
owners of a parcel of land located in Quezon City. And that OCT No 735 declared void due to
certain irregularities in the land registration proceeding. They alleged that sometime in 1960
J.M. Tuason & Co., Inc had illegally entered upon the land and it has been erroneously included
in OCT No. 735.
J.M. Tuason filed a motion to dismiss on the grounds of lack of jurisdiction, improper
venue, prescription, laches and prior judgment.
Issue: W/N OCT No. 735 and the titles derived therefrom can be questioned at this late hour.
Held. Same issues were raised in civil cases dating back to 1965 where the validity of the OCT
No. 735 wasd upheld.
The governing principle of stare decisis et non quieta movere makes it evident that the
respondents, Aquial cannot maintain their action. It is against public policy that matters already
decided on the merits be re litigated again and again, consuming the courts time and energies
at the expense of other litigants.
NOTES:

IN FORMA PAUPERIS. Lat. 'in the form of a pauper.' Someone who is without the funds
to pursue the normal costs of a lawsuit or criminal defense. Upon the court's granting of
this status the person is entitled to waiver of normal costs and/or appointment of
counsel (but seldom in other than a criminal case).

Case Digest and Notes - Cristina Alas-as