Case Digest (G.R. No. 134171)
Facts:
- The case involves a petition filed by Executive Secretary Ronaldo Zamora and Arturo C. Lomibao against Richard J. Gordon, Anacleto M. Diaz, and Orlando E. Mendiola.
- The events began on June 29, 1998, when Gordon sought to prevent his ouster as chairman of the Subic Bay Metropolitan Authority (SBMA) during the transition from President Fidel V. Ramos to President Joseph Ejercito Estrada.
- Gordon claimed a fixed term lasting until February 10, 2004.
- On June 30, 1998, President Estrada issued Administrative Order No. 1, recalling Gordon's appointment.
- On July 1, 1998, Gordon withdrew his petition in the Supreme Court and filed a new petition for certiorari and prohibition in the Regional Trial Court of Olongapo City later that day.
- The Executive Secretary and Lomibao filed a petition for contempt, accusing Gordon and his counsels of forum shopping and contempt of court for filing two petitions on the same issues in different courts.
- The respondents denied the allegations, claiming compliance with the rules by disclosing the existence and withdrawal of their initial petition.
- The Supreme Court allowed the withdrawal of the petition without prejudice to the contempt petition in its resolution dated July 7, 1998.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the respondents did not engage in forum shopping.
- The petition for contempt was dismissed due to t...(Unlock)
Ratio:
- The Supreme Court defined forum shopping as filing multiple suits involving the same parties and cause of action to obtain a favorable judgment.
- Gordon's notice of withdrawal in the Supreme Court preceded his filing in the Regional Trial Court, i...continue reading
Case Digest (G.R. No. 134171)
Facts:
The case involves a petition filed by the Executive Secretary and Arturo C. Lomibao against Richard J. Gordon, Anacleto M. Diaz, and Orlando E. Mendiola, who are the respondents. The events leading to this case began on June 29, 1998, when Richard J. Gordon filed a petition for prohibition to prevent his ouster as the chairman of the Subic Bay Metropolitan Authority (SBMA) upon the transition of administration from President Fidel V. Ramos to President Joseph Ejercito Estrada. Gordon claimed that he had a fixed term of office lasting until February 10, 2004. However, on June 30, 1998, President Estrada issued Administrative Order No. 1, which recalled Gordon's appointment as chairman.
On July 1, 1998, instead of pursuing a motion for a temporary restraining order in the Supreme Court, Gordon filed a "Notice of Withdrawal" of his petition at 9:21 AM. Later that day, at 11:30 AM, he filed a new petition for certiorari and prohibition in the Regional Trial Court of Olongapo City, which was docketed as Civil Case No. 255-0-98. This led to the current petition for contempt filed by Executive Secretary Ronaldo Zamora and Lomibao, who accused Gordon and his counsels of forum shopping and contempt of court for filing two petitions involving the same issues in different courts. They cited Rule 7, A5 of the Rules of Civil Procedure, which mandates a certification against f...