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CARMELITA V. LIM v. VS. BENJAMIN T. VIANZON

This case has been cited 2 times or more.

2012-04-18
SERENO, J.
What is essential in determining the existence of forum-shopping is the vexation caused the courts and litigants by a party who asks different courts and/or administrative agencies to rule on similar or related causes and/or grant the same or substantially similar reliefs, in the process creating the possibility of conflicting decisions being rendered upon the same issues.[56]
2010-09-22
PEREZ, J.
Forum shopping exists when the elements of litis pendentia are present or where a final judgment in one case will amount to res judicata in another.  Litis pendentia requires the concurrence of the following requisites:  (1) identity of parties, or at least such parties as those representing the same interests in both actions; (2) identity of rights asserted and reliefs prayed for, the reliefs being founded on the same facts; and (3) identity with respect to the two preceding particulars in the two cases, such that any judgment that may be rendered in the pending case, regardless of which party is successful, would amount to res judicata in the other case.[40]