Torts. Chapter III. C.1.
Contrary to Law, Morals, Good Customs, and Public Policy
MICHAEL LONDON for and in behalf of his minor son NICHOLAS FREDERICK
LONDON, Petitioner, v. BAGUIO COUNTRY CLUB CORPORATION, ANTHONY DE LEON
and FRANCIS BASTIANO SIMALONG, Respondents.
[G.R. No. 145436. October 10, 2002.]
VITUG, J.
DOCTRINE:
For forum shopping to exist, the actions must involve the same transaction, including the essential
facts and circumstances thereof, and must raise identical causes of actions, subject and issues.
The mere filing of two or more cases based on the same incident does not necessarily constitute
forum-shopping.
FACTS:
In 1998, Nicholas was playing video games at the recreation center of the club, when
Simalong, then obviously drunk, placed his hand around Nicholas and touched the latter’s penis.
Frightened, Nicholas immediately informed by telephone his parents about it. Forthwith, his
parents fetched him, and the three proceeded to the police station to report the matter.
The investigating prosecutor, finding probable cause to prosecute Simalong, filed an
Information for unjust vexation before the MTC. MTC issued an order to the effect that, Nicholas
being a minor, the case should instead be handled by the RTC of Baguio City. The criminal case
was transferred to the RTC. The private complainant reserved his right to institute an independent
civil action.
virtua1 1aw 1ibrary
In 1999, Nicholas, represented by his father Michael, filed a complaint for damages before
the Baguio City RTC, against the Baguio Country Club, the club’s General Manager Anthony de
Leon, and Francis Simalong. The civil action was predicated on the civil liability of defendants for
culpa acquiliana under the provisions of the Civil Code.
In 2000, the Baguio Country Club and Anthony de Leon filed a motion to dismiss the
complaint on the ground that the "Verification/Certification" against forum shopping attached to
the complaint did not disclose the existence and status of Criminal Case. The RTC 61 Judge
granted motion to dismiss. The plaintiff filed a motion for the reconsideration of the order of
dismissal. In the meantime, plaintiff sought the inhibition the RTC Judge from trying the civil case
on the ground that the judge was a close friend of the club’s president and counsel. RTC 59
presided over by Judge a different Judge who then issued an order denying the motion for the
reconsideration. On 29 November 2000, the plaintiff filed the instant petition for review assailing
the dismissal of his complaint in the Civil Case.
ISSUE:
Whether or not there is forum shopping
RULING:
The court ruled in the NEGATIVE.
Forum shopping is the institution of two (2) or more actions or proceedings grounded on the
same cause upon the supposition that one or the other court would make a favorable disposition.
For forum shopping to exist, the actions must involve the same transaction, including the
essential facts and circumstances thereof, and must raise identical causes of actions,
Torts. Chapter III. C.1. Contrary to Law, Morals, Good Customs, and Public Policy
subject matter and issues. The mere filing of two or more cases based on the same incident
does not necessarily constitute forum-shopping. In fine, there should be (a) identity of parties
or at least such parties who represent the same interests in both actions, (b) identity of rights
asserted and relief prayed for, such relief being founded on the same circumstances, and (c) the
identity of the two preceding particulars is such that any judgment rendered in the other action
will, regardless of which party is successful, amount to res judicata in the action under
consideration, said requisites being likewise constitutive of the elements of auter action pendent
or litis pendencia.
While, in this instance, both the criminal action and the civil complaint for quasi-delict have arisen
from an act of lasciviousness claimed to have been committed by Simalong against the person of
Nicholas Frederick London, there are, however, material differences between the two actions.
In the criminal case, the real party plaintiff is the "People of the Philippines" and the defendant is
accused Simalong alone. In the civil case, the parties are plaintiff Michael London, for and in
behalf of his minor son Nicholas Frederick London, and the defendants include not only Simalong
but also the Baguio Country Club and its general manager Anthony de Leon. Given the
circumstances, a judgment of conviction or acquittal in the criminal case against Simalong cannot
at all be invoked as being one of res judicata in the independent suit for damages.
chanrob1es virtua1 1aw 1ibrary
It may not be amiss to reiterate that rules of procedure are mere tools designed to facilitate the
attainment of justice; thus, their strict and rigid application that would tend to frustrate rather than
promote substantial justice are well to be avoided. Indeed, the Rules of Civil Procedure on forum
shopping are not always applied with inflexibility.
