This case has been cited 5 times or more.
|
2008-06-26 |
CHICO-NAZARIO, J. |
||||
| In Balite v. Court of Appeals,[37] the Court held that there is forum shopping when a party seeks to obtain remedies in an action in one court, which has already been solicited, and in other courts and other proceedings in another tribunal. While a party may avail himself of the remedies prescribed by the Rules of Court, such party is not free to resort to them simultaneously or at his/her pleasure or caprice. A party should not be allowed to present simultaneous remedies in two different forums, for it degrades and wreaks havoc upon the rule on orderly procedure. A party must follow the sequence and hierarchical order in availing himself of such remedies and not resort to shortcuts in procedure or to playing fast and loose with the said rules. Forum shopping, an act of malpractice, is considered as trifling with the courts and abusing their processes. It is improper conduct and degrades the administration of justice.[38] | |||||
|
2007-03-07 |
TINGA, J. |
||||
| 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.[39] Forum-shopping, an act of malpractice, is considered as trifling with the courts and abusing 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.[40] | |||||
|
2007-03-07 |
TINGA, J. |
||||
| 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.[39] Forum-shopping, an act of malpractice, is considered as trifling with the courts and abusing 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.[40] | |||||
|
2006-05-04 |
|||||
| 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 also 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 the 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.[24] | |||||
|
2005-12-16 |
CHICO-NAZARIO, J. |
||||
| There is forum shopping when a party repetitively avails himself of several judicial remedies in different courts, simultaneously or successively, all substantially founded on the same transactions and the same essential facts and circumstances, and all raising substantially the same issues either pending in, or already resolved adversely by, some court.[27] A party should not be allowed to present simultaneous remedies in two different forums for it degrades and wreaks havoc to the rule on orderly procedure.[28] Thus:. . . A party may avail of the remedies prescribed by the Rules of Court for the myriad reliefs from the court. However, such party is not free to resort to them simultaneously or at his pleasure or caprice. Such party must follow the sequence and hierarchical order in availing such remedies and not resort to shortcuts in procedure or playing fast and loose with the said rules. Forum shopping, an act of malpractice, is considered as trifling with the courts and abusing their processes. It is improper conduct and degrades the administration of justice. It 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.[29] Finally, it is also to be pointed out that at the heart of the instant petition is an attempt to resurrect the issue of the validity of the 27 February 2003 Court of Appeals Decision which was already sought to be annulled in petitioners' dismissed "Petition (Ex-Abundante Cautela)," a dismissal by this Court which had already attained finality; hence unassailable. We thus remind petitioners that by choosing their forum, and by unfortunately losing their claim thereat, they are nevertheless bound by such adverse judgment on account of finality of judgment, otherwise, there will be no end to litigation.[30] Litigation must end and terminate sometime and somewhere, and it is essential to an effective administration of justice that once a judgment has become final, the issue or cause therein should be laid to rest.[31] | |||||