Elpidio Magno v. Lorenzo Magno

Summary

The Supreme Court denied a petition for partition filed by heirs of Nicolas Magno, affirming the Court of Appeals' ruling that res judicata barred the second action (Civil Case No. A-1850) since all requisites were present from the prior final judgment in Civil Case No. A-413. However, recognizing that justice required correction of an inadvertent omission, the Court entered a nunc pro tunc judgment to include three properties (Tax Declaration Nos. 4246, 4249, 13385) that were mistakenly excluded from the dispositive portion of the original partition order despite being found to belong to Nicolas Magno's estate. The decision balances the doctrine of res judicata, which prevents relitigation of settled matters, with the equitable principle that co-owners have an absolute right to demand partition under Article 494 of the Civil Code. The nunc pro tunc entry corrects a clerical omission without violating the immutability of final judgments, ensuring all heirs receive their rightful inheritance shares while maintaining judicial finality.