Splitting a Single Cause of Action, Effects
It is the practice of dividing one cause of action into different parts and making each part the subject of a separate complaint (Bachrach vs. Icaringal). In splitting a cause of action, the pleader divides a single cause of action, claim or demand into two or more parts, brings a suit for one of such parts with the intent to reserve the rest for another separate action (Quadra vs. CA). This practice is NOT ALLOWED by the Rules because of the following: it;
(a) breeds multiplicity of suits;
(b) clogs the court dockets;
(c) leads to vexatious litigation;
(d) operates as an instrument of harassment, and;
(e) generates unnecessary expenses to the parties.
The filing of the first may be pleaded in abatement of the other or others and a judgment upon the merits in any one is available as a bar to, or a ground for dismissal of, the others (Sec. 4, Rule 2; Bacolod City vs. San Miguel, Inc.). The remedy of the defendant is to file a MOTION TO DISMISS on the ground of litis pendencia, res judicata, or forum shopping.. Hence, if the first action is pending when the second action is filed, the latter may be dismissed based on litis pendencia, since there is another action pending between the same parties for the same cause. If a final judgment has been rendered in the first action when the second action is filed, the latter may be dismissed based on res judicata, since the cause of action is barred by prior judgment. As to which action should be dismissed would depend upon judicial discretion and the prevailing circumstances of the case.
