The different ways by which forum shopping may be committed

There is forum shopping “when a 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.”[40]  The different ways by which forum shopping may be committed were explained in Chua v. Metropolitan Bank & Trust Company:[41]

                Forum shopping can be committed in three ways:  (1) filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved yet (where the ground for dismissal is litis pendentia); (2) filing multiple cases based on the same cause of action and the same prayer, the previous case having been finally resolved (where the ground for dismissal is res judicata); and (3) filing multiple cases based on the same cause of action, but with different prayers (splitting causes of action, where the ground for dismissal is also either litis pendentia or res judicata).

Common in these types of forum shopping is the identity of the cause of action in the different cases filed.  Cause of action is defined as “the act or omission by which a party violates the right of another.”[42]

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/191388.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
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