Thursday, April 12, 2012

Forum shopping - G.R. No. 195546

G.R. No. 195546

"x x x.


There is forum shopping when the following elements are present: “(a) identity of parties, or at least such parties as represent the same interests in both actions[;] (b) identity of rights asserted and relief prayed for, the relief being founded on the same facts[;] and (c) the 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; said requisites [are] also constitutive of therequisites for auter action pendant or lis pendens.[23] 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.[24]  
All the foregoing elements are present in this case. 
x xx."