4/15/2021
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filed or is pending, he shall report that fact within five (5) days therefrom to
the court wherein his aforesaid complaint or initiatory pleading has been
filed.
Failure to comply with the foregoing requirements shall not be curable by
mere amendment of the complaint or other initiatory pleading but shall be
cause for the dismissal of the case without prejudice, unless otherwise
provided, upon motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings therein shall
constitute indirect contempt of court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party or his counsel
clearly constitute willful and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice and shall constitute direct
contempt, as well as a cause for administrative sanctions.
Citing City of Taguig v. City of Makati,[93] the Court, in Zamora v. Quinan, Jr.,[94] has
exhaustively discussed the concept of forum shopping in this wise:
In City of Taguig v. City of Makati, this Court was able to thoroughly discuss
the concept of forum shopping through the past decisions of this Court,
thus:
Top Rate Construction & General Services, Inc. v. Paxton
Development Corporation explained that:
Forum shopping is committed by a party who
institutes 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 or increase a party's
chances of obtaining a favorable decision or action.
First Philippine International Bank v. Court of Appeals recounted
that forum shopping originated as a concept in private
international law:
To begin with, forum shopping originated as a concept
in private international law, where non-resident
litigants are given the option to choose the forum or
place wherein to bring their suit for various reason s
or excuses, including to secure procedural advantages,
to annoy and harass the defendant, to avoid
overcrowded dockets, or to select a more friendly
venue. To combat these less than honorable excuses,
the principle of forum non conveniens was developed
whereby a court, in conflicts of law cases, may refuse
impositions on its jurisdiction where it is not the most
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