This case has been cited 2 times or more.
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2011-08-17 |
VILLARAMA, JR., J. |
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| There is forum-shopping when as a result of an adverse decision in one forum, or in anticipation thereof, a party seeks a favorable opinion in another forum through means other than appeal or certiorari. Forum-shopping exists when two or more actions involve the same transactions, essential facts, and circumstances; and raise identical causes of action, subject matter, and issues. Forum-shopping exists when the elements oflitis pendentiaare present or where a final judgment in one case will amount tores judicatain the other.[30] Thus, there is forum-shopping when, between an action pending before this Court and another one, there exist: (1) identity of parties, or at least such parties as represent the same interests in both actions, (2) identity of rights asserted and relief prayed for, the relief being founded on the same facts, and (3) the identity of the two preceding particulars is such that any judgment rendered in the other action will, regardless of which party is successful, amount tores judicatain the action under consideration; said requisites also constitutive of the requisites forauter action pendantorlis pendens.[31] | |||||
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2010-07-07 |
LEONARDO-DE CASTRO, J. |
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| Forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. A party violates the rule against forum shopping if the elements of litis pendentia are present; or if a final judgment in one case would amount to res judicatain the other.[156] | |||||