This case has been cited 1 times or more.
|
2010-08-04 |
LEONARDO-DE CASTRO, J. |
||||
| On January 4, 2002, respondent filed a Manifestation[49] in CA-G.R. SP No. 64155 informing the Court of Appeals of the status of the appeal taken by petitioner in CA-G.R. CV No. 71805 and reiterating the gross violations of the rule against forum shopping allegedly committed by the same. A month later, or on February 7, 2002, the Court of Appeals denied petitioner's May 22, 2001 Motion for Reconsideration in CA-G.R. SP No. 64155. In denying petitioner's motion, the appellate court declared that "even assuming that the Petition for Certiorari has a practical legal effect because it would lead to the reversal of the Resolution dismissing the Complaint, it would still be denied on the ground of forum shopping." The Court of Appeals concluded that petitioner committed forum shopping because the subject matter of its petition for certiorari and the notice of appeal that it subsequently filed are one and the same, to wit: It should be noted that after the filing of the instant petition, petitioner appealed to this Court the partial summary judgment dated November 13, 2000 and the Order dated April 23, 2001, declaring the partial summary judgment to have finally disposed of the entire case and granting the motion for execution pending appeal, docketed as CA-G.R. CV No. 71805, which are the same subject matter of the instant petition.[50] | |||||