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 of causes of action, where the ground for
dismissal is also either litis
pendentia or res judicata). x x x If the forum shopping
is not considered willful and deliberate, the subsequent case shall be
dismissed without prejudice, on the ground of either litis pendentia
or res judicata. However, if the forum shopping is willful and
deliberate, both (or all, if there are more than two) actions shall be
dismissed with prejudice. (CHUA vs. METROPOLITAN BANK & TRUST CO.
G.R. No. 182311, August 19, 2009, Third Division, Chico-Nazario, J.).
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