Determining forum shopping
Forum shopping exists when, as a result of an adverse judgment in one forum, a
party seeks another and possibly favorable judgment in another forum other than
by appeal or special civil action for certiorari. There is also forum shopping
when a party institutes two or more actions or proceedings grounded on the same
cause, on the gamble that one or the other court would make a favorable
disposition.[1]
The test for determining whether a party violates the rule against forum
shopping is where a
final judgment in one case will amount to res judicata in the action under consideration or where the
elements of litis pendentia are present.[2]
The test for determining whether a party violates the rule against forum
shopping is where a
final judgment in one case will amount to res judicata in the action under consideration or where the
elements of litis pendentia are present.[2]
[1] Mun. of Taguig v. CA, G.R. No. 142619, September 13, 2005; Fels
Energy, Inc. v. The Province of Batangas, et al., G.R. No. 168557, February
16, 2007.
[2] Spouses Marasigan v. Chevron Phils., Inc., et. al., G.R. No. 184015,
February 8, 2012.
