DEPRA V. DUMLAO

136 SCRA 475

 

FACTS:

Dumlao owned a land adjacent to Depra.  Upon his construction of a house, it  encroached  on  the  land  of  Depra.    An  unlawful  detainer  case  was  filed against him.  A  case  to quiet  title was also instituted  wherein Depra was held to be the owner of the land.
 

HELD:

Res judicata doesn't apply wherein the first case was for ejectment and the other was for quieting of title.