Res Judicata (Bar by Prior Judgment) v. Res Judicata (Conclusiveness of Judgement)

Question 1

Differentiate the two forms of res judicata (bar by prior judgment v. conclusiveness of judgment).

Answer 1

These two kinds of res judicata are legally distinct.

Bar by prior judgment is the traditional formulation of res judicata, which requires the identity of parties, subject matter, and causes of action, and is enunciated in Rule 39, Section 47(b) of the Rules of Civil Procedure. It is this concept which is used in determining whether litis pendentia or forum shopping exists.

In contrast, res judicata as conclusiveness of judgment requires only identity of parties and of issues. The doctrine of conclusiveness of judgment is also otherwise known as “preclusion of issues” or “collateral estoppel”. This concept is embodied in Rule 39, Section 47(c) of the Rules of Civil Procedure.
(Tala Realty Services Corp., Inc. v. Banco Filipino Savings and Mortgage Bank, G.R. No. 181369, June 22, 2016)