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Progressive Dev Corp vs CA and Westin Seafood Markt

PROGRESSIVE DEVELOPMENT CORPORATION, INC., petitioner, vs. COURT OF APPEALS and WESTIN SEAFOOD MARKET, INC., respondents.

G.R. No. 123555 | 1999-01-22

D E C I S I O N


BELLOSILLO, J.:

May the lessee which instituted before the Metropolitan Trial Court an action for forcible entry with damages against its lessor file a separate suit with the Regional Trial Court against the same lessor for moral and exemplary damages plus actual and compensatory damages based on the same forcible entry?

On grounds of litis pendencia and forum-shopping, petitioner invokes established jurisprudence that a party cannot by varying the form of action or adopting a different method of presenting his case evade the principle that the same cause of action shall not be litigated twice between the same parties...