This case has been cited 5 times or more.
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2015-07-08 |
SERENO, C.J. |
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| The essence of 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 through means other than by appeal or certiorari.[20] Forum shopping does not apply to cases that arise from an initiatory or original action that has been elevated by way of appeal or certiorari to higher or appellate courts or authorities. This is so because the issues in the appellate courts necessarily differ from those in the lower court, and the appealed cases are but a continuation of the original case and treated as only one case.[21] | |||||
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2012-06-25 |
REYES, J. |
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| In Guy vs. Asia United Bank,[20] a motion for reconsideration from the resolution of the Secretary of Justice, which was filed four (4) days beyond the "non-extendible period of ten (10) days", was allowed under Section 13 of the 2000 NPS Rules on Appeal. The Supreme Court held that the authority of the Secretary of Justice to review and order the withdrawal of an Information in instances where he finds the absence of a prima facie case is not time-barred, albeit subject to the approval of the court, if its jurisdiction over the accused has meanwhile attached.[21] We further explained: [I]t is not prudent or even permissible for a court to compel the Secretary of Justice or the fiscal, as the case may be, to prosecute a proceeding originally initiated by him on an information, if he finds that the evidence relied upon by him is insufficient for conviction. Now, then, if the Secretary of Justice possesses sufficient latitude of discretion in his determination of what constitutes probable cause and can legally order a reinvestigation even in those extreme instances where an information has already been filed in court, is it not just logical and valid to assume that he can take cognizance of and competently act on a motion for reconsideration, belatedly filed it might have been, dealing with probable cause? And is it not a grievous error on the part of the CA if it virtually orders the filing of an information, as here, despite a categorical statement from the Secretary of Justice about the lack of evidence to proceed with the prosecution of the petitioner? The answer to both posers should be in the affirmative. As we said in Santos v. Go: | |||||
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2010-04-23 |
NACHURA, J. |
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| Relative to the defective verification, the Court excuses the same. The purpose of the verification is to secure an assurance that the allegations in the petition have been made in good faith, or are true and correct and not merely speculative. The requirement is simply a condition affecting the form of pleadings and non-compliance therewith is neither jurisdictional nor does it render the pleading fatally defective.[20] Here, the perceived defect is excusable and does not justify a dismissal of the petition. In any case, petitioner, in her subsequent pleading, submitted a corrected verification. The same degree of liberality should apply to petitioner's failure to attach a copy of the complaint and answer filed before the MTCC in her petition for review. After all, petitioner substantially complied with the requirement when she filed her amended petition. | |||||
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2009-06-30 |
VELASCO JR., J. |
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| Apropos the matter of verification which the OSG failed to observe, it cannot be over-emphasized that the requirement on verification is simply a condition affecting the form of pleadings. Non-compliance with it is not jurisdictional, and would not render the pleading fatally defective.[29] A pleading required by the Rules of Court to be verified may be given due course even without a verification if the circumstances warrant the suspension of the rules in the interest of justice.[30] So it must be here. | |||||