FORUM SHOPPING

Forum shopping is an act of a party, against whom an adverse judgment or order has been rendered in one forum, of seeking and possibly getting a favorable opinion in another forum, other than by appeal or special civil action for certiorari. It may also involve the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition. Forum shopping exists where the elements of litis pendentia are present, and where a final judgment in one case will amount to res judicata in the other. The elements of forum shopping are: (a) identity of parties, or at least such parties as would represent the same interest in both actions; (b) identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) identity of the two preceding particulars such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration. (Cruz v. Caraos, G.R. No. 138208, April 23, 2007, 521 SCRA 510, 520-521, citing Government Service Insurance System v. Bengson Commercial Buildings, Inc., 426 Phil. 111, 125 (2002). The elements of res judicita are: (a) the former judgment must be final; (b) the court which rendered judgment had jurisdiction over the parties and the subject matter; (c) it must be a judgment on the merits; and (d) there must be, between the first and second actions, identity of parties, subject matter, and cause of action. (Ayala Land, Inc. v. Valisno, 381 Phil. 518, 528 (2000) cited in PEOPLE OF THE PHILIPPINES, vs. JOSEPH "JOJO" V. GREY, G.R. No. 180109, July 26, 2010, NACHURA, J.). 

Put differently, forum shopping exists when a party repeatedly avails himself 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.

Ultimately, what is truly important in determining whether forum shopping exists or not is the vexation caused the courts and party-litigant by a party who asks different courts to rule on the same or related causes and/or to grant the same or substantially the same reliefs, in the process creating the possibility of conflicting decisions being rendered by the different fora upon the same issue Forum-shopping exists where the elements of litis pendentia are present, namely: (a) identity of parties or at least such as representing the same interests in both actions; (b) identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) the identity in the two cases should be such that the judgment that may be rendered in one would, regardless of which party is successful, amounts to res judicata in the other (MALABANAN vs. RURAL BANK OF CABUYAO, INC. G.R. No. 163495, May 8, 2009, Second Division, Tinga, J.).