Forum shopping
Dear PAO,
I cannot accept the decision in our case and I want to refile it before another court that could possibly rule in our favor. Do you advise that I do it?
Dear Alen,
No, it is not advised that you take such course of action as it could amount to forum shopping which is not allowed by law. In the case of the Heirs of Marcelo Sotto, Represented By Lolibeth Sotto Noble, et al. vs Matilde S. Palicte (GR 159691, Feb. 17, 2014), the Supreme Court, through Chief Justice Lucas Bersamin, elucidated on the concept of forum shopping:
“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." Forum shopping is an act of malpractice that is prohibited and condemned because it trifles with the courts and abuses their processes. It degrades the administration of justice and adds to the already congested court dockets.
“An important factor in determining its existence is the vexation caused to the courts and the parties-litigants by the filing of similar cases to claim substantially the same reliefs.
“The test to determine the existence of forum shopping is whether the elements of litis pendentia are present, or whether a final judgment in one case amounts to res judicata in the other. Thus, there is forum shopping when the following elements are present: (a) identity of parties, or at least such parties as represent the same interests in both actions; (b) identity of rights asserted and reliefs prayed for, the relief being founded on the same facts; and (c) the identity of the two preceding particulars, such that any judgment rendered in the other action will, regardless of which party is successful, amounts to res judicata in the action under consideration.”
If the case you mentioned satisfies the above-stated requisites, and the only difference would be the forum or court before which you will file the same, then there will exist forum shopping. It is further explained in the said case that:
“xxx Forum shopping can be committed in either of three ways, namely: (1) filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved yet (litis pendentia); (2) filing multiple cases based on the same cause of action and the same prayer, the previous case having been finally resolved (res judicata); or (3) filing multiple cases based on the same cause of action but with different prayers (splitting of causes of action, where the ground for dismissal is also either litis pendentia or res judicata). xxx” (Ibid.)
It appears from your narration that your case falls under the second item or res judicata. This means that you can no longer bring to court the same matter involving the same parties which has already been adjudicated by a competent court.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.