Res Judicata

It is true that res judicata is to be disregarded if its rigid application would involve the sacrifice of justice to technicality (Spouses Nelson and Myra Villanueva
Vs. The Court of Appeals, et al., G.R. No. 163433. August 22, 2011)

Indeed, we have held that res judicata is to be disregarded if its rigid application would involve the sacrifice of justice to technicality, particularly in this case where there was actually no determination of the substantive issues in the first case and what is at stake is respondents’ home (Philippine National Bank v.The Intestate Estate of Francisco de Guzman , G.R. No. 182507, June 16, 2010).

In American jurisdiction, it is recognized that “(i)nstances in which dismissals are not considered to be on the merits for purposes of the application of the doctrine of res judicata include … dismissal based on court’s procedural inability to consider a case.” (Ceferino S. Cabreza, Jr., et al. Vs. Amparo Robles Cabreza, G.R. No. 181962. January 16, 2011).