Title
Rivera vs. Luciano
Case
G.R. No. L-20844
Decision Date
Aug 14, 1965
Rivera's second case dismissed as barred by prior dismissal for non-joinder, deemed adjudication on merits under Rule 30.

Case Summary (G.R. No. L-20844)

Background of the Case

On May 16, 1962, Angelita F. Rivera initiated Civil Case No. 50408 against Loreto Luciano, seeking to collect a sum of ₱5,862.60. However, the case was dismissed on June 9, 1962, at the defendant's request, primarily because Rivera's husband was not included as a co-defendant in the action. Notably, Rivera did not appeal this order of dismissal. Subsequently, on August 14, 1962, she filed a second complaint, Civil Case No. 51262, against Luciano for a similar claim of ₱5,897.60, again excluding her husband from the case but justifying this by claiming Luciano was engaged in business.

Dismissal of the Second Case

Before the defendant could respond to the second complaint, he filed a motion to dismiss based on the assertion that the second action was precluded by the dismissal of the earlier case, Civil Case No. 50408. The trial court agreed with Luciano, ruling that the dismissal constituted a bar to the new action.

Legal Question on Dismissal

The primary issue on appeal was whether the dismissal of Civil Case No. 50408 constituted an adjudication on the merits, which would prevent Rivera from pursuing Civil Case No. 51262. Under Section 4 of Rule 30 of the old Rules of Court, a dismissal that is not explicitly categorized under specific grounds is treated as an adjudication on the merits, unless stated otherwise by the court.

Court's Findings

The Supreme Court noted that the dismissal of Civil Case No. 50408 did not fall under the grounds specified in Sections 1, 2, and 3 of Rule 30 nor was it for lack of jurisdiction. Given that the court did not specify the dismissal to be without prejudice, the Supreme Court determined it to be an adjudication on the merits. Consequently, since the dismissal became final, it served as a barrier against the filing of any subsequent action arising from

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