This case has been cited 4 times or more.
|
2012-09-13 |
REYES, J. |
||||
| Forum-shopping is the "institution of two (2) or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition" or "the act of a party against whom 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." The test to determine whether forum-shopping exists is whether the elements of litis pendencia are present or where a final judgment in one case will amount to res judicata in the other.[42] | |||||
|
2012-07-11 |
BRION, J. |
||||
| Lastly, we reiterate that compromises are favored and encouraged by the courts,[19]and parties are bound to abide by them in good faith.[20]Since compromise agreements have the force of law between the parties, no party may discard them unilaterally.[21]This is especially true under the present circumstances, where the NPC has already enjoyed the benefits of the assailed compromise agreement, having been in possession of the subject land since 1998. | |||||
|
2008-11-28 |
AUSTRIA-MARTINEZ, J. |
||||
| Forum shopping has been defined as the "institution of two (2) or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition" or "the act of a party against whom 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."[11] The test in determining the presence of forum shopping is whether in the two or more cases pending, there is identity of: (a) parties; (b) rights or causes of action; and (c) reliefs sought,[12] such that any judgment rendered in the other action will, regardless of which party is successful, amount to res adjudicata in the action under consideration: all the requisites, in fine, of auter action pendant.[13] | |||||
|
2008-03-27 |
CORONA, J. |
||||
| Furthermore, compromises are favored and encouraged by the courts.[45] Parties are bound to abide by them in good faith.[46] Since they have the force of law between the parties, no party may discard them unilaterally.[47] | |||||