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To Be Done in The Trial Court With Respect To The Merits of The Case? If It
To Be Done in The Trial Court With Respect To The Merits of The Case? If It
different orders were questioned, two distinct causes of action and issues
were raised, and two objectives were sought.
The remedies of appeal and certiorari under Rule 65 are mutually exclusive
and not alternative or cumulative. This is a firm judicial policy
For forum shopping to exist, both actions must involve the same transaction,
same essential facts and circumstances and must raise identical causes of
action, subject matter and issues. Clearly, it does not exist where different
orders were questioned, two distinct causes of action and issues were raised,
and two objectives were sought.
ZOSA V ESTRELLA successive filing of appeal and certiorari with the CA constitutes
forum shopping because it assails the same trial courts orders
Barba v liceo de Cagayan university - While there is identity of parties in the two
cases, the causes of action and the reliefs sought are different