Q. A filed an application for confirmation of imperfect or incomplete title over a parcel of land. It was dismissed. Can A re-file the same? (Solved)
1. No, because of res judicata;
2. Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice;
3. No, because the dismissal means that A has not been able to establish his right, hence, the second application is a fishing expedition;
4. No, because of lack of cause of action.
- b. Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice;