2023 Remedial Law, Q4

Hannah Corporation (HC) is the registered owner of a parcel of land in Kapitolyo, Pasig City. Saint Aaron School (SAS), occupied said lot by mere tolerance since 1992 until December 2018. HC informed SAS that beginning January 1, 2019, it will be charging ₱100,000 per month for the use and occupation of the property. SAS refused to pay the monthly rentals prompting HC to issue a demand letter for the payment of the amount of ₱4.8 million, representing the unpaid rentals from January 2019 to December 2022. SAS failed to heed the demand of HC. Hence, HC, which holds business in Quezon City, filed a complaint for collection of a sum of money against SAS in the Regional Trial Court (RTC) of Quezon City. SAS filed a motion to dismiss on the ground of forum shopping since HC had also filed an ejectment case against it before the Metropolitan Trial Court of Pasig City. Should the RTC grant the motion to dismiss on the ground of forum shopping? Explain your answer.

Quick check

Should the RTC grant the motion to dismiss on the ground of forum shopping?

What is a mandatory test to determine the existence of prohibited forum shopping between two pending actions?

Under Section 5, Rule 2 of the Rules of Court, which of the following may NOT be joined with an ordinary civil action?

What is the primary relief sought in a special civil action for unlawful detainer under Rule 70?

Why does a judgment in an ejectment case not constitute res judicata in an independent collection suit for past rentals?

Learn more about these topics

1. Forum Shopping Elements
Under Section 5, Rule 2 of the Rules of Court, forum shopping exists when a party repetitively avails of several judicial remedies in different courts, simultaneously or successively, all substantially founded on the same transactions and the same essential facts and circumstances. To establish forum shopping, there must be identity of parties, identity of rights asserted and reliefs prayed for, and identity of the two preceding particulars such that any judgment rendered in the pending case, regardless of which party is successful, would amount to res judicata in the other case. In the absence of these elements, forum shopping cannot be validly invoked.

2. Misjoinder of Actions
Under Section 5, Rule 2 of the Rules of Court, a party may in one pleading assert as many causes of action as he may have against an opposing party. However, this joinder of causes of action is subject to specific statutory conditions. Particularly, the joinder shall not include special civil actions or actions governed by special rules. Because ejectment is a summary special civil action governed by Rule 70 while a collection suit is an ordinary civil action, they cannot be joined in a single complaint.

3. Distinct Causes
An action for unlawful detainer seeks the recovery of physical or material possession of real property along with reasonable compensation for its use and occupation up to the time possession is restored. In contrast, an independent collection suit for a sum of money seeks the enforcement of a monetary obligation or debt. Because the cause of action, primary relief, and applicable trial procedures in an ejectment case differ fundamentally from an ordinary collection suit, filing both actions simultaneously does not constitute prohibited forum shopping.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026