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Question 7
7. Myrna leased her real property to Geybin for a period of one year.
However, Geybin refused to vacate the premises after the expiration of
the lease. Myrna then filed against Geybin an unlawful detainer case. The
Metropolitan Trial Court (MeTC) ruled in favor of Myrna and ordered
Geybin to surrender the real property. The judgment of the MeTC lapsed
into finality but was not enforced. For humanitarian reasons, Myrna
allowed Geybin to stay on the real property provided he will surrender its
possession when needed. Thereafter, Myrna demanded from Geybin to
vacate the premises but was refused. Myrna filed against Geybin another
unlawful detainer case. In his answer, Geybin argued that the second
ejectment case is barred by the prior final judgment in the first ejectment
case. Does res judicata bar the institution of the second unlawful
detainer case? Explain.
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