When there is a forum shopping?

There is forum shopping when a party seeks to obtain remedies in an action in one court, which had already been solicited, and in other courts and other proceedings in other tribunals.[13] In another case,[14] the Court ruled that forum shopping is the act of one party against another when 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; or the institution of two or more acts or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.  A party should not be allowed to present simultaneous remedies in two different forums for it degrades and wreaks havoc to the rule on orderly procedure.[15] A party may avail of the remedies prescribed by the Rules of Court for the myriad reliefs from the court.  However, such party is not free to resort to them simultaneously or at his pleasure or caprice.  Such party must follow the sequence and hierarchical order in availing such remedies and not resort to shortcuts in procedure or playing fast and loose with the said rules.[16] Forum shopping, an act of malpractice, is considered as trifling with the courts and abusing their processes.  It is improper conduct and degrades the administration of justice.  If the act of the party or its counsel clearly constitutes willful and deliberate forum shopping, the same shall constitute direct contempt, and a cause for administrative sanctions; as well as a ground for the summary dismissal of the case with prejudice.[17]



About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Civil Procedures, Remedial Law and tagged . Bookmark the permalink.

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