THE LIGA NG MGA BARANGAY NATIONAL,
petitioner, vs. THE CITY MAYOR OF MANILA, HON. JOSE ATIENZA, JR., and THE CITY
COUNCIL OF MANILA, respondents. G.R. No. 154599, January 21, 2004.
” We hesitate to
rule that the petitioner and the intervenor are guilty of forum-shopping.
Forum-shopping exists where the elements of litis pendentia are present or when
a final judgment in one case will amount to res judicata in the other. For
litis pendentia to exist, the following requisites must be present: (1)
identity of parties, or at least such parties as are representing the same
interests in both actions; (2) identity of rights asserted and reliefs prayed
for, the reliefs being founded on the same facts; and (3) identity with respect
to the two preceding particulars in the two cases, such that any judgment that
may be rendered in the pending case, regardless of which party is successful,
would amount to res judicata in the other case.20
In the instant petition, and as admitted by
the respondents, the parties in this case and in the alleged other pending
cases are different individuals or entities; thus, forum-shopping cannot be
said to exist. Moreover, even assuming that those five petitions are indeed
pending before the RTC of Manila and the Court of Appeals, we can only guess
the causes of action and issues raised before those courts, considering that
the respondents failed to furnish this Court with copies of the said petitions.”
