G.R. No. 206379, November 19, 2014, CECILIA PAGADUAN, PETITIONER, VS. CIVIL SERVICE COMMISSION* AND REMA MARTIN SALVADOR, RESPONDENTS.
"X x x.
Corollarily, Pagaduan cannot be liable for forum shopping. 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.5 It exists where the elements of litis pendentia are present, namely: (a) there is identity of parties, or at least such parties representing the same interests in both actions; (b) there is identity of rights asserted and relief prayed for, the relief being founded on the same set of facts; and (c) the identity of the two preceding particulars is such that any judgment rendered in the pending case, regardless of which party is successful, would amount to res judicata in the other.”6 Since no res judicata exists, no forum shopping either exists in this case.
X x x."
