This case has been cited 2 times or more.
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2010-06-23 |
LEONARDO-DE CASTRO, J. |
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| On September 12, 1994, petitioners filed a motion for reconsideration of the foregoing Order. Petitioners contended that the RTC committed reversible error in dismissing the complaint on the ground of failure to prosecute.[17] Petitioners insisted that to constitute "failure to prosecute," there must be an unwillingness or lack of interest in prosecuting the action. According to petitioners, there was no failure to prosecute on their part since they had actively pursued their cause and had fought tooth and nail throughout the injunction proceedings at the trial court level all the way up to this Court. Besides, petitioners argued, length of time alone is not a gauge in the staleness of the claim, but such delay can only be appreciated if the same reasonably justifies the belief that the action had been abandoned, which was not the case here since petitioners had pursued their action up until the RTC rendered the questioned order. Petitioners likewise invoked liberal construction of the rules in order to promote justice. Petitioners attempted to justify the delay of the main case on account of the pendency of G.R. No. 114951. | |||||
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2008-01-31 |
VELASCO JR., J. |
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| forum shopping when it filed the third TCSI case for mandamus while the second TCSI case for contempt was pending. Further, the CA observed that the two cases have identical parties, prayed for the same reliefs, and were anchored on the same writ of preliminary injunction issued in the first TCSI case. Citing Philippine Commercial International Bank v. Court of Appeals,[42] the CA concluded that elements of litis pendentia were present and TCSI was guilty of forum shopping. | |||||