This case has been cited 2 times or more.
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2015-06-23 |
PEREZ, J. |
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| It is to be additionally observed that Ku is guilty of forum shopping. Being the subject of a Warrant of Deportation and a Summary Deportation Order, Ku’s proper recourse is with the BI and, thereafter, with the DOJ and the OP.[56] Ku knows this and, in fact, he filed a Motion for Reconsideration before the BI and an Appeal before the OP. When Ku, however, injudiciously filed a Petition and a Supplemental Petition for the Issuance of a Writ of Amparo, he committed forum shopping by seeking a remedy which he had already solicited from another tribunal. | |||||
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2008-06-26 |
CHICO-NAZARIO, J. |
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| 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] | |||||