Forum Shopping And Its Effects

1. Concept

There is forum shopping when as a result of an adverse opinion in one forum, a party seeks favorable opinion, other than by appeal or certiorari in another.

2. Cases

Syjuco vs. Castro, G.R. No. 70403, July 7, 1989

A lawyer was held solidarily liable with his client for delaying the administration of justice for almost a quarter of a century. This is the origin of forum shopping.

Masinsin vs. Albano, G.R. No. 86421, May 31, 1994

For resorting to forum shopping, a lawyer was warned that a repetition of the same act will be dealt with more severely.

Forunda vs. Atty. Arnold Guerrero, 480 SCRA 201 [2006]

While lawyers owe their entire devotion to the interest of their clients’ right, they should not forget that they are, first and foremost, officers of the court, bound to exert every effort to assist in the speedy and efficient administration of justice. In this case, a lawyer was suspended due to forum shopping.

Bong Siong Yao vs. Atty. Leonardo Aurelio, 485 SCRA 553

Lawyers cannot be allowed to exploit their profession for the purpose of exacting vengeance or as a tool for instigating hostility against any person – most especially against a client or former client.

Huibona vs. Concepcion, et al., G.R. No. 153785, August 31, 2006

The filing of multiple petitions constitutes abuse of court processes which degrades the administration of justice, wreaks havoc upon orderly judicial procedure and adds to the congestion of the heavily burdened dockets of the courts.

Case references:

Balaoing vs. Calderon, 221 SCRA 533

Kalilid Wood Industries Corp. vs. CA, 197 SCRA 735

Eternal Gardens Memorial Park vs. CA, August 5, 1998

PRC vs. CA, G.R. No. 117817

PRC vs. Nitafan, G.R. No. 110437, July 9, 1998

Aldez Realty, Inc. vs. CA, 212 SCRA 623