AT A GLANCE:
In San Juan v. Arambulo, Sr., G.R. No. 143217, December 14, 2005, forum shopping has been defined as 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. A party violates the rule against forum shopping if the elements of litis pendentia are present; or if a final judgment in one case would amount to res judicata in the other.
What is Forum Shopping?
Forum shopping has been defined as 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. A party violates the rule against forum shopping if the elements of litis pendentia are present; or if a final judgment in one case would amount to res judicata in the other. (San Juan v. Arambulo, Sr., G.R. No. 143217, December 14, 2005)
The Supreme Court further expounded on the concept of forum shopping in the case of Gloria S. Dy v. Mandy Commodities Co., Inc., G.R. No. 171842, July 22, 2009, wherein the Court described forum shopping as a deplorable practice of litigants, consisting of resorting to two different fora for the purpose of obtaining the same relief, to increase the chances of obtaining a favorable judgment. What is pivotal to the determination of whether forum shopping exists or not is the vexation caused to the courts and the party-litigants by a person who asks appellate courts and/or administrative entities to rule on the same related causes and/or to grant the same or substantially the same relief, in the process creating the possibility of conflicting decisions by the different courts or fora upon the same issues.
How may forum shopping be committed?
More recently, in Kilusan sa Pagbabago ng Industriya ng Transportation, Inc. v. City of Manila, G.R. Nos. 261892, 262192 & 263752, June 3, 2026, the Supreme Court clarified that forum shopping, as a ground for the dismissal of a case, may be committed in three ways:
- By filing multiple cases based on the same cause of action and with the same prayer while the earlier case remains pending, in which case the ground for dismissal is litis pendentia;
- By filing multiple cases based on the same cause of action and with the same prayer after the earlier case has been finally decided, in which case the ground for dismissal is res judicata; and
- By filing multiple cases based on the same cause of action but with different prayers, otherwise known as splitting a cause of action, where the ground for dismissal is likewise either litis pendentia or res judicata, depending on the circumstances.
What Does the Rule Against Forum Shopping Seek to Prevent?
The grave evil sought to be avoided by the rule against forum shopping is the rendition by two competent tribunals of two separate and contradictory decisions. Unscrupulous party litigants, taking advantage of a variety of competent tribunals, may repeatedly try their luck in several different fora until a favorable result is reached. To avoid the resultant confusion, this Court adheres strictly to the rules against forum shopping, and any violation of these rules results in the dismissal of a case. (G.R. No. 171842, July 22, 2009)
Elements of Forum Shopping
The elements of forum shopping are:
- Identity of the parties or at least such parties that represent the same interests in both actions;
- Identity of rights asserted and reliefs prayed for, the relief founded on the same facts; and
- Any judgment rendered in one action will amount to res judicata in the other action. (G.R. Nos. 261892, 262192 & 263752, June 3, 2026)
Is Forum Shopping a Grounds for the Dismissal of a Case?
Yes.
In Umatsi v. Balinon, G.R. No. 234812, November 25, 2019, the Supreme Court reiterated that forum shopping is one of the grounds for the dismissal of a case. It states that the rule against it aims to avoid the rendition of two competent courts of separate and opposing rulings which may arise because a party-litigant, takes advantage and tries his or her luck into seeking relief until a result in one’s favor is attained.
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