4/15/2021
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"convenient" or available forum and the parties are
not precluded from seeking remedies elsewhere.
In this light, Black’s Law Dictionary says that forum
shopping "occurs when a party attempts to have his
action tried in a particular court or jurisdiction where
he feels he will receive the most favorable judgment
or verdict." Hence, according to Words and Phrases, "a
litigant is open to the charge of 'forum shopping'
whenever he chooses a forum with slight connection to
factual circumstances surrounding his suit, and
litigants should be encouraged to attempt to settle
their differences without imposing undue expense and
vexatious situations on the courts."
Further, Prubankers Association v. Prudential Bank and Trust Co.
recounted that:
The rule on forum shopping was first included in
Section 17 of the Interim Rules and Guidelines issued
by this Court on January 11, 1983, which imposed a
sanction in this wise: "A violation of the rule shall
constitute contempt of court and shall be a cause for
the summary dismissal of both petitions, without
prejudice to the taking of appropriate action against
the counsel or party concerned." Thereafter, the Court
restated the rule in Revised Circular No. 28-91 and
Administrative Circular No. 04-94. Ultimately, the rule
was embodied in the 1997 amendments to the Rules
of Court.
Presently, Rule 7, Section 5 of the 1997 Rules of Civil
Procedure requires that a Certification against Forum
Shopping be appended to every complaint or initiatory
pleading asserting a claim for relief. x x x
xxxx
Though contained in the same provision of the 1997 Rules of Civil
Procedure, the rule requiring the inclusion of a Certification
against Forum Shopping is distinct from the rule against forum
shopping. In Korea Exchange Bank v. Gonzales:
The general rule is that compliance with the certificate
of forum shopping is separate from and independent
of the avoidance of the act of forum shopping itself.
Forum shopping is a ground for summary dismissal of
both initiatory pleadings without prejudice to the
taking of appropriate action against the counsel or
party concerned.
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