Friday, June 26, 2009

Effect of Forum Shopping

Ordinarily, a dismissal on the ground of forum shopping dispenses with the need to address the other issues raised in the case. But this rule is not hard-and-fast, more so since the dismissal occasioned by breach of the anti-forum shopping rule does not permeate the merits of the case. Where such technical dismissal would otherwise lead to an inequitable result, the appropriate recourse is to resolve the issue concerned on its merit or resort to the principles of equity. After all, rules of procedure should not operate at all times in such a rigid way that would override the ends of substantial justice. Specifically, the rule on forum shopping was cobbled to foster and accelerate the orderly administration of justice and, therefore, should not be interpreted literally in every instance. (Tagaro v. Garcia, G.R. No. 173931, April 2, 2009)

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