The Supreme Court affirmed the dismissal of a case due to forum shopping, a legal maneuver where a party files multiple lawsuits involving the same issues in different courts, hoping for a favorable outcome in at least one. This decision underscores the judiciary’s firm stance against such practices, which abuse court processes and undermine the efficient administration of justice. Litigants must ensure that their legal strategies do not involve initiating parallel actions that could lead to conflicting judgments and waste judicial resources. This case serves as a reminder of the importance of adhering to the principle of judicial economy and respecting the integrity of the legal system.

Multiple Suits, Same Story: How Forum Shopping Backfired

In Bernardo S. Zamora v. Emmanuel Z. Quinan, Jr., the petitioner, Bernardo Zamora, sought to overturn the Court of Appeals’ decision to dismiss his case due to forum shopping. The dispute originated from a complaint filed by Zamora for the reconveyance of title of real properties, claiming that the respondents fraudulently obtained the titles. Simultaneously, Zamora initiated another action before the Court of Appeals for the annulment of judgment of the Regional Trial Court (RTC) that had granted the respondents’ petition for the issuance of new duplicate certificates of title. This multiplicity of actions led to the dismissal of Zamora’s case, a decision he contested, arguing that the Court of Appeals (CA) should have relaxed procedural rules to allow him a fair hearing.

However, the Supreme Court found no merit in Zamora’s petition. The Court emphasized the prohibition against forum shopping, as embodied in Rule 7, Section 5 of the Revised Rules of Court, which mandates a certification against forum shopping in every complaint or initiatory pleading. This certification requires the plaintiff to declare that they have not commenced any other action involving the same issues in any court. The Court’s decision hinged on whether Zamora’s actions constituted a violation of this rule, and whether the elements of litis pendentia or res judicata were present.

Forum shopping is defined as the act of instituting two or more suits in different courts, either simultaneously or successively, in order to ask the courts to rule on the same or related causes, or to grant the same or substantially the same reliefs, on the supposition that one or the other court would make a favorable disposition. The rationale behind the prohibition against forum shopping is to prevent the vexation brought upon the courts and the litigants by a party who asks different courts to rule on the same or related causes and grant the same or substantially the same reliefs. In City of Taguig v. City of Makati, the Supreme Court thoroughly discussed the concept of forum shopping through past decisions, highlighting its detrimental effects on the judicial system. To reiterate, forum shopping is committed when a party initiates two or more suits in different courts with the intent of obtaining favorable rulings on the same or related causes.

The Court applied the established test for determining forum shopping, which is whether the elements of litis pendentia are present, or whether a final judgment in one case will amount to res judicata in another. Litis pendentia refers to the situation where another action is pending between the same parties for the same cause of action, making the second action unnecessary and vexatious. On the other hand, res judicata bars a subsequent case when the former judgment is final, rendered by a court with jurisdiction, is on the merits, and involves identity of parties, subject matter, and causes of action. The requisites of litis pendentia are: (a) identity of parties; (b) identity of rights asserted and relief prayed for; and (c) identity of the two cases such that judgment in one would amount to res judicata in the other.

The Supreme Court agreed with the Court of Appeals’ finding that Zamora had indeed committed forum shopping. There was an identity of causes of action, parties, and reliefs sought in the action for reconveyance of properties before the RTC and the petition for annulment of judgment filed before the CA. As the CA correctly observed, Zamora sought to recover the property wrongfully registered in the respondents’ name in both actions, and the rights asserted and reliefs prayed for were founded on the same facts. Furthermore, a favorable judgment in the reconveyance case would amount to res judicata in the action for annulment of judgment. The court quoted the Court of Appeals ruling, stating:

There exists between the two actions identity of parties which represent the same interest in both. In petitioner’s action for reconveyance, he seeks to recover the property which is wrongfully registered in respondents’ name by postulating that respondent Quinan knew fully that petitioner was in possession of the originals of the owner’s duplicate copies of the Transfer Certificate of Title No. T-90102 and Transfer Certificate of Title No. 90096 for Lot No. 98-F by virtue of the Deed of Absolute Sale signed by all respondents. Thus petitioner prays for the reconveyance of the said parcels of land in his name and he likewise seeks to be awarded of moral and exemplary damages, litigation expenses and attorney’s fees in his favor.

The Court also emphasized the importance of awaiting the decision of the RTC in the reconveyance case before seeking other remedies. Forum shopping constitutes an abuse of court processes, degrading the administration of justice and adding to the congestion of court dockets. The rule proscribing forum shopping seeks to foster candor and transparency between lawyers and their clients, promote the orderly administration of justice, prevent undue inconvenience upon the other party, and save the precious time of the courts. It also aims to prevent the embarrassing possibility of two or more courts rendering conflicting resolutions on the same issue.

The Court cited Spouses Arevalo v. Planters Development Bank, which reiterated that once there is a finding of forum shopping, the penalty is summary dismissal not only of the petition pending before the Court but also of the other case pending in a lower court. The Court referenced to SC Circular No. 28-91, which states that the deliberate filing of multiple complaints to obtain favorable action constitutes forum shopping and shall be a ground for summary dismissal, constituting direct contempt of court, without prejudice to disciplinary proceedings against the counsel and the filing of a criminal action against the guilty party.

FAQs

What is forum shopping?	Forum shopping is the practice of filing multiple lawsuits in different courts based on the same cause of action and asking for the same relief, hoping to obtain a favorable outcome in one of them. It is prohibited because it abuses court processes and undermines the efficient administration of justice.
What are the consequences of forum shopping?	The consequences of forum shopping include the summary dismissal of all related cases with prejudice, a finding of direct contempt of court, and potential administrative sanctions against the lawyer involved. Additionally, a criminal action may be filed against the guilty party.
What is litis pendentia?	Litis pendentia refers to a situation where another action is already pending between the same parties for the same cause of action. It is one of the grounds for dismissing a subsequent case due to forum shopping.
What is res judicata?	Res judicata is a principle that bars a subsequent case when a prior judgment has already been rendered on the same cause of action, involving the same parties and subject matter. It is another ground for dismissing a case due to forum shopping.
What is the role of the certification against forum shopping?	The certification against forum shopping is a sworn statement required in every complaint or initiatory pleading. It requires the plaintiff to declare that they have not commenced any other action involving the same issues in any court, tribunal, or quasi-judicial agency.
What are the elements to determine forum shopping?	To determine forum shopping, the elements of litis pendentia must be present, or a final judgment in one case will amount to res judicata in another. This includes identity of parties, rights or causes of action, and reliefs sought.
Why is forum shopping prohibited?	Forum shopping is prohibited because it trifles with the courts, abuses their processes, degrades the administration of justice, and adds to the already congested court dockets. It can also lead to conflicting decisions from different courts.
What should a litigant do if they realize they might be engaged in forum shopping?	If a litigant realizes they might be engaged in forum shopping, they should immediately disclose the existence of the other case to the court where the subsequent action was filed. Full disclosure and transparency are crucial to mitigate the potential penalties and demonstrate good faith.

This case serves as a crucial reminder of the importance of adhering to legal ethics and procedural rules. Litigants and their counsels must exercise diligence in assessing their legal strategies and avoid practices that undermine the integrity of the judicial system. By respecting the principles of judicial economy and fairness, parties can contribute to a more efficient and just legal process.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Bernardo S. Zamora v. Emmanuel Z. Quinan, Jr., G.R. No. 216139, November 29, 2017