This case has been cited 2 times or more.
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2013-06-10 |
PERLAS-BERNABE, J. |
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| Forum shopping exists "when one party repetitively avails of several judicial remedies in different courts, simultaneously or successively, all substantially founded on the same transactions and the same essential facts and circumstances, and all raising substantially the same issues either pending in, or already resolved adversely, by some other court."[21] What is truly important to consider in determining whether it exists or not is the vexation caused the courts and parties-litigants by a party who asks different courts and/or administrative agencies to rule on the same or related causes and/or grant the same or substantially the same reliefs, in the process creating the possibility of conflicting decisions being rendered by different fora upon the same issues.[22] | |||||
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2010-08-04 |
LEONARDO-DE CASTRO, J. |
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| Forum shopping exists when the elements of litis pendentia are present or when a final judgment in one case will amount to res judicata in the other.[65] There is res judicata when (1) there is a final judgment or order; (2) the court rendering it has jurisdiction over the subject matter and the parties; (3) the judgment or order is on the merits; and (4) there is between the two cases identity of parties, subject matter and causes of action. For litis pendentia to exist, there must be (1) identity of the parties or at least such as representing the same interests in both actions; (2) identity of the rights asserted and relief prayed for, the relief founded on the same facts; and (3) identity of the two cases such that judgment in one, regardless of which party is successful, would amount to res judicata in the other.[66] | |||||