This case has been cited 2 times or more.
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2006-02-23 |
YNARES-SANTIAGO, J. |
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| The contention that complainant violated the rule against forum shopping with the filing of this administrative complaint is bereft of merit. There is forum-shopping whenever, as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another[24] or when he institutes two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.[25] Forum shopping applies only to judicial cases or proceedings, not to disbarment proceedings.[26] Moreover, Criminal Case Nos. 6-367-03 to 6-373-03 for violation of B.P. Blg. 22 refer to the respondent's act of making or drawing and issuance of worthless checks; while the present administrative case seeks to discipline respondent as a lawyer for his dishonest act of failing to pay his debt in violation of the Code of Professional Responsibility. | |||||
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2005-09-30 |
TINGA, J. |
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| At the onset, it must be stressed that the rule on forum-shopping applies only to judicial cases or proceedings,[36] and not to administrative cases. Petitioner has not cited any rule or circular on forum-shopping issued by the Office of the Ombudsman or that of the City Council. In fact, it was only on 15 September 2003 that the Ombudsman, in Administrative Order No.17, S. 2003, required that a Certificate of Non-Forum Shopping be attached to the written complaint against a public official or employee. Supreme Court Administrative Circulars Nos. 04-94 and 28-91[37] adverted to by petitioner mention only initiatory pleadings in a court of law when another case is pending before other tribunals or agencies of the government as the pleadings to which the rule on forum-shopping applies, thus:The complaint and other initiatory pleadings referred to and subject of this Circular are the original civil complaint, counterclaim, cross-claim, third (fourth, etc.) party complaint, or complaint-in-intervention, petition, or application wherein a party asserts his claim for relief. | |||||