This case has been cited 8 times or more.
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2015-07-22 |
BRION, J. |
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| In Montes v. Court of Appeals,[49] we found that the petitioner therein engaged in forum shopping when he filed with this Court a petition for prohibition while his motion for reconsideration of the dismissal of his petition for certiorari was still pending in the CA. Although the purpose of a petition for prohibition is different from that of a petition for certiorari, we ruled that there was forum shopping because the reliefs sought were the same — to restrain a government official from implementing the same order. | |||||
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2012-07-03 |
SERENO, J. |
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| We first dispose of respondents' invocation of the doctrine of hierarchy of courts which allegedly prevents judicial review by this Court in the present case, citing for this specific purpose, Montes v. Court of Appeals and Purok Bagong Silang Association, Inc. v. Yuipco.[24] Simply put, the doctrine provides that where the issuance of an extraordinary writ is also within the competence of the CA or the RTC, it is in either of these courts and not in the Supreme Court, that the specific action for the issuance of such writ must be sought unless special and important laws are clearly and specifically set forth in the petition. The reason for this is that this Court is a court of last resort and must so remain if it is to perform the functions assigned to it by the Constitution and immemorial tradition. It cannot be burdened with deciding cases in the first instance.[25] | |||||
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2010-07-05 |
DEL CASTILLO, J. |
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| When petitioner filed this Petition on December 22, 2006 assailing the Sandiganbayan's December 18, 2006 Resolution, the latter was still the subject of a pending Extremely Urgent Motion for Reconsideration filed by petitioner with the Sandiganbayan. The filing of the instant petition before this Court while a motion for reconsideration was still pending before the Sandiganbayan constitutes, strictly speaking, forum-shopping,[89] which could have warranted the outright dismissal of the petition. However, in light of the due process issues raised by petitioner and the very real possibility that he had no other speedy remedy available to him, his Petition was given due course. | |||||
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2008-11-18 |
CARPIO, J. |
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| x x x the fact that such plebiscite had been held and a new province proclaimed and its officials appointed, the case before Us cannot truly be viewed as already moot and academic. Continuation of the existence of this newly proclaimed province which petitioners strongly profess to have been illegally born, deserves to be inquired by this Tribunal so that, if indeed, illegality attaches to its creation, the commission of that error should not provide the very excuse for perpetuation of such wrong. For this Court to yield to the respondents' urging that, as there have been fait accompli, then this Court should passively accept and accede to the prevailing situation is an unacceptable suggestion. Dismissal of the instant petition, as respondents so propose is a proposition fraught with mischief. Respondents' submission will create a dangerous precedent. Should this Court decline now to perform its duty of interpreting and indicating what the law is and should be, this might tempt again those who strut about in the corridors of power to recklessly and without ulterior motives, create, merge, divide and/or alter the boundaries of political subdivisions either brazenly or stealthily, confident that this Court will abstain from entertaining future challenges to their acts if they manage to bring about a fait accompli.[81] It is true that the usual function of the writ of prohibition is to prevent the execution of an act which is about to be done. It is not intended to provide a remedy for acts already accomplished.[82] The office of prohibition is to arrest proceedings rather than to undo them.[83] A preventive remedy, as a rule, does not lie to restrain an act that is already fait accompli.[84] | |||||
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2008-06-30 |
TINGA, J, |
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| We find that respondents are guilty of forum shopping. There is forum shopping when a party seeks to obtain remedies in an action in one court, which had already been solicited, and in other courts and other proceedings in other tribunals. Forum shopping is the act of one party against another, when an adverse judgment has been rendered in one forum, of seeking another and possibly favorable opinion in another forum other than by appeal or by special civil action of certiorari; or the institution of two or more acts or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.[30] | |||||
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2008-04-29 |
YNARES-SATIAGO, J. |
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| As the present jurisprudence now stands, forum shopping can be committed in three ways: (1) filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved yet (litis pendentia); (2) filing multiple cases based on the same cause of action and the same prayer, the previous case having been finally resolved (res judicata); and (3) filing multiple cases based on the same cause of action but with different prayers (splitting of causes of action, where the ground for dismissal is also either litis pendentia or res judicata). If the forum shopping is not considered willful and deliberate, the subsequent cases shall be dismissed without prejudice on one of the two grounds mentioned above. However, if the forum shopping is willful and deliberate, both (or all, if there are more than two) actions shall be dismissed with prejudice.[18] (Italics copied) Forum shopping is an act of malpractice, as the litigants trifle with the courts and abuse their processes. It is improper conduct and degrades the administration of justice. If the act of the party or its counsel clearly constitutes willful and deliberate forum-shopping, the same shall constitute direct contempt, and a cause for administrative sanctions, as well as a ground for the summary dismissal of the case with prejudice.[19] | |||||
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2007-02-06 |
AUSTRIA-MARTINEZ, J. |
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| Moreover, the rule on the special civil actions of certiorari and prohibition equally mandate that these extra-ordinary remedies are available only when "there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law." A remedy is considered plain, speedy and adequate if it will promptly relieve the petitioner from the injurious effects of the judgment or rule, order or resolution of the lower court or agency.[30] | |||||
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2006-09-27 |
PANGANIBAN, CJ |
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| A petition for prohibition is a preventive remedy and, as a rule, does not lie to restrain an act that is already fait accompli.[11] The Petition for Prohibition instituted by respondent before the trial court assailed the validity not only of petitioner's May 8, 2002 Letter Memorandum and Corporate Auditor Cabibihan's Memorandum Circular (suspension order) but, more important, it assailed Napocor Board Resolution No. 2002-81, which was to be implemented in September 2002. Given the impending "roll back" of the salaries of the affected employees, there was an urgent need for judicial intervention.[12] | |||||