Lawyerly

You're currently signed in as:
User

SPS. ISIDRO 'ABEL' CRUZ AND LEA CRUZ v. SPS. FLORENCIO AND AMPARO CARAOS

This case has been cited 7 times or more.

	GR No. 166660 2012-08-29	DOROTEA CATAYAS v. CA MENDOZA, J.
"Forum shopping is an act of a party, against whom an adverse judgment or order has been rendered in one forum, of seeking and possibly getting a favorable opinion in another forum, other than by appeal or special civil action for certiorari. It may also be the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition. The established rule is that for forum shopping to exist, both actions must involve the same transactions, same essential facts and circumstances, and must raise identical causes of actions, subject matter, and issues."[8]
	GR No. 185064 2012-01-16	SPS. ARACELI OLIVA-DE MESA AND ERNESTO S. DE MESA v. SPS. CLAUDIO D. ACERO REYES, J.
Forum-shopping exists where the elements of litis pendentia are present, and where a final judgment in one case will amount to res judicata in the other. The elements of forum-shopping are: (a) identity of parties, or at least such parties as would represent the same interest in both actions; (b) identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) identity of the two preceding particulars such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration.[17]
	GR No. 152500 2011-09-14	PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT v. SANDIGANBAYAN PERALTA, J.
Res judicata exists when the following elements are present: (a) the former judgment must be final; (b) the court which rendered judgment had jurisdiction over the parties and the subject matter; (c) it must be a judgment on the merits; and (d) there must be, between the first and second actions, identity of parties, subject matter, and cause of action.[44] Obviously, the third requisite is wanting. Res judicata or bar by prior judgment is a doctrine which holds that a matter that has been adjudicated by a court of competent jurisdiction must be deemed to have been finally and conclusively settled if it arises in any subsequent litigation between the same parties and for the same cause.[45]
	GR No. 180109 2010-07-26	PEOPLE v. JOSEPH 'JOJO' V. GREY NACHURA, J.
Forum shopping is an act of a party, against whom an adverse judgment or order has been rendered in one forum, of seeking and possibly getting a favorable opinion in another forum, other than by appeal or special civil action for certiorari. It may also involve the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.[39]
	GR No. 156797 2010-07-06	IN RE: RECONSTITUTION OF TRANSFER CERTIFICATES OF TITLE NOS. 303168 BERSAMIN, J.
Forum shopping is the act of a party litigant against whom an adverse judgment has been rendered in one forum seeking and possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari, or the institution of two or more actions or proceedings grounded on the same cause or supposition that one or the other court would make a favorable disposition.[6] Forum shopping happens when, in the two or more pending cases, there is identity of parties, identity of rights or causes of action, and identity of reliefs sought.[7] Where the elements of litis pendentia are present, and where a final judgment in one case will amount to res judicata in the other, there is forum shopping.[8] For litis pendentia to be a ground for the dismissal of an action, there must be: (a) identity of the parties or at least such as to represent the same interest in both actions; (b) identity of rights asserted and relief prayed for, the relief being founded on the same acts; and (c) the identity in the two cases should be such that the judgment which may be rendered in one would, regardless of which party is successful, amount to res judicata in the other.[9]
	GR No. 169190 2010-02-11	CUA LAI CHU v. HILARIO L. LAQUI CARPIO, J.
Lastly, we rule that petitioners' claim of forum shopping has no basis. Under Act No. 3135, as amended, a writ of possession is issued ex parte as a matter of course upon compliance with the requirements. It is not a judgment on the merits that can amount to res judicata, one of the essential elements in forum shopping.[30]
	GR No. 174356 2010-01-20	EVELINA G. CHAVEZ v. CA ABAD, J.
One. By forum shopping, a party initiates two or more actions in separate tribunals, grounded on the same cause, trusting that one or the other tribunal would favorably dispose of the matter.[4] The elements of forum shopping are the same as in litis pendentia where the final judgment in one case will amount to res judicata in the other. The elements of forum shopping are: (1) identity of parties, or at least such parties as would represent the same interest in both actions; (2) identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (3) identity of the two preceding particulars such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration.[5]