This case has been cited 1 times or more.
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2008-08-22 |
BRION, J. |
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| The petitioner cites in support of his position the cases of Silahis International, Inc. v. National Labor Relations Commission,[4] Tantoy Sr. v. Court of Appeals,[5] and First Philippine International Bank v. Court of Appeals.[6] Silahis was cited for the proposition that only one recourse - the appeal - should have been filed because the issues were inter-related. Tantoy, Sr. spoke of related causes or the same or substantially the same reliefs in considering whether there is forum shopping. On the other hand, First Philippine International Bank was cited to emphasize that the key to a finding of forum shopping is the objective of the relief; though differently worded, there is violation of the rule against forum shopping if the objective in all the actions filed involves the same relief - in this case, the setting aside of the Order of April 3, 2002. The petitioner noted that the respondents had succeeded in obtaining this relief in their petition for certiorari, prohibition, and mandamus (CA-G.R. SP No. 70349) and the ruling in this petition already constituted res judicata on the validity of the Order of April 3, 2002. | |||||