Carlito C. Encinas v PO1 Alfredo Agustin, Jr and PO1 Joel Caubang GR No. 187317, April 11, 2013

Case Doctrine:

There is forum shopping when litis pendencia or res judicata is present.

FACTS:

The petitioner Encinas was the Provincial Fire Marshall of Nueva Ecija. He was charged administratively with grave misconduct and conduct prejudicial to the best interest of the service in violation of the Administrative Code of 1987. He was dismissed from the service. The two respondents were holding the positions of Fire Officer I. He petitioner filed a petition for review on certiorari under rule 45 of the Rules of Court assailing the decision of the Court of Appeals affirming the decision of the Civil Service Commission to dismiss the petitioner from the service.

The case arose when the petitioner allegedly required the respondents to pay him P5,000 in order not to relieve them from their station at the Cabanatuan City and re-assign them to a far flung area. The respondents decided to pay in fear of the re-assignment, but they manage to come up with P2,000 only causing the petitioner to order for their re-assignment to Cuyapo and Talugtug.

As a result, the respondents decided to file a complaint for illegal transfer before the Bureau of Fire Protection and at the same time filed another complaint before the Civil Service Commission Regional Office in Pampanga and the Civil Service Commission in Cabanatuan. Based on the filed complaints, the petitioner alleges that the respondents are guilty of forum shopping by filing the two identical complaints. The petitioner claims that the charges of dishonesty, grave misconduct and conduct prejudicial to public interest that were filed before the Civil Service Commission and the BFP are in violation of the rules against forum shopping.

ISSUE:

Is there a violation on the rules against forum shopping?

Fausta Francisco vs. Court of Appeals G.R. No. L-35787, April 11, 1980 (97 SCRA 22)

Facts:

This is a petition for review filed by the petitioner on the decision rendered by the CA reversing the CFI judgment in favor of her on a land registration case and orders the issuance of the Original Cert. of Title to the respondents Alejandro Santos and Ramona Francisco instead. Petitioner alleges that she is the absolute owner of the land in dispute covered with an Original Cert. of title of the Register of Deeds; that she is in continuous, adverse, open, peaceful and uninterrupted possession of the land since time immemorial; respondents have never been in possession of the land as they claim and that they obtained their Decree of Registration of said land by fraud. Apparently, Diego Francisco, the petitioner’s father occupied the land in dispute since 1918 and obtained a homestead patent for it. He introduced some improvements on the land such as fencing the area with barbwires, planting mango trees and palays and pasturing carabaos. He was able to secure a title in favor of his children petitioner included for the big parcel of land he cultivates and improves and when he died in 1941 the petitioner continued to possess the land in question not embraced in the Transfer of Cert. of Title issued to them in the concept of an owner.

Fausta Francisco vs. Court of Appeals, G.R. No. L-35787, April 11, 1980 (97 SCRA 22)

Facts:

This is a petition for review filed by the petitioner on the decision rendered by the CA reversing the CFI judgment in favor of her on a land registration case and orders the issuance of the Original Cert. of Title to the respondents Alejandro Santos and Ramona Francisco instead. Petitioner alleges that she is the absolute owner of the land in dispute covered with an Original Cert. of title of the Register of Deeds; that she is in continuous, adverse, open, peaceful and uninterrupted possession of the land since time immemorial; respondents have never been in possession of the land as they claim and that they obtained their Decree of Registration of said land by fraud. Apparently, Diego Francisco, the petitioner’s father occupied the land in dispute since 1918 and obtained a homestead patent for it. He introduced some improvements on the land such as fencing the area with barbwires, planting mango trees and palays and pasturing carabaos. He was able to secure a title in favor of his children petitioner included for the big parcel of land he cultivates and improves and when he died in 1941 the petitioner continued to possess the land in question not embraced in the Transfer of Cert. of Title issued to them in the concept of an owner.