Here are selected October 2009 Philippine Supreme Court decisions on remedial law:
Action; forum shopping. The essence of forum-shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. Forum-shopping has been defined as the act of a party against whom an adverse judgment has been rendered in one forum, seeking and possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari, or 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.
Although the factual antecedents of the cases brought before this Court are the same, they involve different issues. The petition for Mandamus with Injunction and Damages, docketed as Civil Case No. 13013, and raised before this Court as G.R. No. 177795, challenged respondents’ refusal to recognize petitioners’ appointments and to pay petitioners’ salaries, salary adjustments, and other emoluments. The petition only entailed the applications for the issuance of a writ of mandamus and for the award of damages. The present case docketed as G.R. No. 181559, on the other hand, involves the merits of petitioners’ appeal from theinvalidation and revocation of their appointments by the CSC-Field Office, which was affirmed by the CSC-Regional Office, CSC en banc, and the Court of Appeals. Leah M. Nazareno, et al. vs. City of Dumaguete, et al., G.R. No. 181559, October 2, 2009.
Action; forum shopping. The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. This is not the case with respect to the ejectment suit vis-à-vis the action for damages. Manuel Luis S. Sanchez vs. Republic of the Philippines, Represented by the Department of Education, Culture and Sports, G.R. No. 172885, October 9, 2009.
Action; lis pendens. The filing of a notice of lis pendens has a two-fold effect: (1) to keep the subject matter of the litigation within the power of the court until the entry of the final judgment in order to prevent the final judgment from being defeated by successive alienations; and (2) to bind a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently.
While the trial court has an inherent power to cancel a notice of lis pendens, such power is to be exercised within the express confines of the law. As provided in Section 14, Rule 13 of the 1997 Rules of Civil Procedure, a notice of lis pendens may be cancelled on two grounds: (1) when the annotation was for the purpose of molesting the title of the adverse party, or (2) when the annotation is not necessary to protect the title of the party who caused it to be recorded. Heirs of Jose Sy Bang, Heirs of Julian Sy and Oscar Sy vs. Rolando Sy, et al./Iluminada Tan, et al. vs. Bartolome Sy, et al, G.R. No. 114217G.R. No. 150979. October 13, 2009