ELSA DEGAYO, Petitioner,

vs.

CECILIA MAGBANUA-DINGLASAN, et al, Respondents.

G.R. Nos. 173148 April 6, 2015

Facts

The Jalauad River in Iloilo steadily changed its course and encroached towards Lot No. 7328, owned by
the respondents, which resulted into a decrease in its land area. The adjacent lot, Lot No. 861 owned by
the petitioner, gradually increased in land area as a result of the said occurrence. The petitioner filed a
civil case against the respondents in the RTC for the declaration of ownership of the disputed area and
won. On appeal, the judgment was reversed and set aside by the CA by taking judicial notice, under the
principle of conclusiveness of judgment, on the RTC ruling in a separate civil case involving the same
issue which declared the disputed area as abandon river bed and upheld the rights of the respondents
over the disputed area. In the said case, the petitioner sought to intervene therein but was denied. She
nevertheless was able to participate as a witness in the said case.

ISSUE

Whether or not the CA erred in taking judicial notice on the RTC decision in a separate Civil Case
involving the same issue of which the respondents was a party and the petitioner participated merely as
a witness.

RULING

Generally, courts are not authorized to take judicial notice of the contents of the records of other case.
However, a court may take judicial notice on the judgment of a case in another court between the same
parties or involving one of the same parties, as well as of the record of another case between different
parties in the same court when there exist close connection with the matter in the controversy. Petition
denied for lack of merit.