Professional Documents
Culture Documents
L-48335,
April 15, 1988
Facts:
Juliana Matienzo had two husbands in succession, namely, Escolastico Alabastro and, after his
death, Daniel Aguila. The petitioner is claiming the disputed property as the only surviving child
of the second marriage. The private respondents are resisting this claim as the children of Maria
Alabastro, the sole offspring of the first marriage and had sued for partition and damages
against the petitioner, alleging that some properties held by them pertained to the first
marriage as Juliana and her second husband had not acquired anything during their marriage.
On motion of the plaintiffs, the trial court then issued a writ of execution pursuant to which the
properties held by the defendants were levied upon and sold at public auction to the plaintiffs
as the highest bidders. The defendants filed a complaint for reconveyance of the properties
acquired by the defendants in the earlier action for partition in the Court of First Instance of
Batangas. In their answer, the defendants alleged res judicata as one of their affirmative
defenses.
Issue:
1. Whether or not the petitioner may rightfully alleged res judicata in this case.
2. Whether or not the Court should allow reconveyance of the properties in the exercise of its
equity jurisdiction.
Ruling:
With regards to the First Issue:
No since the petitioner does not seek to do away with the rule of res judicata but
merely proposes to undo a grave and serious wrong perpetuated in the name of justice.
As a matter of fact, he was not denied the opportunity to submit evidence which the
due process guarantees. Records show that he did not have the opportunity to be heard
because of the gross ineptitude of petitioner’s original counsel.