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What is litis pendencia?


What is litis pendencia?

Litis pendentia, as a ground for the dismissal of a civil action, refers to that situation wherein another action is pending between the same parties for the same cause of action, such that the second action becomes unnecessary and vexatious. (Yap vs. CA, G.R. No. 186730, June 13, 2012)


What is the underlying principle of litis pendencia?

The underlying principle of litis pendentia is the theory that a party is not allowed to vex another more than once regarding the same subject matter and for the same cause of action. This theory is founded on the public policy that the same subject matter should not be the subject of controversy in courts more than once, in order that possible conflicting judgments may be avoided for the sake of the stability of the rights and status of persons. (Yap vs. CA)


What are the requisites of litis pendentia?

The requisites of litis pendentia are: 
  1. the identity of parties, or at least such as representing the same interests in both actions; 
  2. the identity of rights asserted and relief prayed for, the relief being founded on the same facts; and 
  3. the identity of the two cases such that judgment in one, regardless of which party is successful, would amount to res judicata in the other. (Yap vs. CA)

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