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    Domingo Vs Rayala Digest

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    'Bernan Esguerra Bumatay
    This document summarizes a Supreme Court case from the Philippines regarding allegations of forum shopping. Specifically: - Rogelio Rayala, former chairman of the National Labor Relations Commission, was dismissed from service for disgraceful and immoral conduct related to sexual harassment allegations brought by Ma. Lourdes Domingo. - On appeal, Rayala accused the Office of the Solicitor General of forum shopping for filing a motion for reconsideration with the Court of Appeals after that court's decision, and then filing a comment on one of the cases in the Supreme Court. - The Supreme Court ruled that the OSG did not commit forum shopping, as it was merely exercising its right to file a motion

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    Domingo Vs Rayala Digest

    Uploaded by

    'Bernan Esguerra Bumatay
    240 views1 page
    This document summarizes a Supreme Court case from the Philippines regarding allegations of forum shopping. Specifically: - Rogelio Rayala, former chairman of the National Labor Relations Commission, was dismissed from service for disgraceful and immoral conduct related to sexual harassment allegations brought by Ma. Lourdes Domingo. - On appeal, Rayala accused the Office of the Solicitor General of forum shopping for filing a motion for reconsideration with the Court of Appeals after that court's decision, and then filing a comment on one of the cases in the Supreme Court. - The Supreme Court ruled that the OSG did not commit forum shopping, as it was merely exercising its right to file a motion

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    remedial law : forum shopping

    Original Title

    Domingo vs Rayala Digest

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    This document summarizes a Supreme Court case from the Philippines regarding allegations of forum shopping. Specifically: - Rogelio Rayala, former chairman of the National Labor Relations Commission, was dismissed from service for disgraceful and immoral conduct related to sexual harassment allegations brought by Ma. Lourdes Domingo. - On appeal, Rayala accused the Office of the Solicitor General of forum shopping for filing a motion for reconsideration with the Court of Appeals after that court's decision, and then filing a comment on one of the cases in the Supreme Court. - The Supreme Court ruled that the OSG did not commit forum shopping, as it was merely exercising its right to file a motion

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    240 views1 page

    Domingo Vs Rayala Digest

    Uploaded by

    'Bernan Esguerra Bumatay
    This document summarizes a Supreme Court case from the Philippines regarding allegations of forum shopping. Specifically: - Rogelio Rayala, former chairman of the National Labor Relations Commission, was dismissed from service for disgraceful and immoral conduct related to sexual harassment allegations brought by Ma. Lourdes Domingo. - On appeal, Rayala accused the Office of the Solicitor General of forum shopping for filing a motion for reconsideration with the Court of Appeals after that court's decision, and then filing a comment on one of the cases in the Supreme Court. - The Supreme Court ruled that the OSG did not commit forum shopping, as it was merely exercising its right to file a motion

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Bernan E.

    Bumatay
    LlB 4A
    Case No. 30
    MA. LOURDES T. DOMINGO, petitioner,
    vs.
    ROGELIO I. RAYALA, respondent.
    G.R. No. 155831.February 18, 2008.*
    FACTS:
    Before this Court are three Petitions for Review on Certiorari assailing the
    Resolution of the CAs Former Ninth Division, Resolution modified the Decision of the Court of
    Appeals Eleventh Division, which had affirmed the Decision of the Office of the President
    dismissing from the service then National Labor Relations Commission Chairman Rogelio I.
    Rayala for disgraceful and immoral conduct.
    All three petitions stem from the same factual antecedents.
    On November 16, 1998, Ma. Lourdes T. Domingo (Domingo), then Stenographic
    Reporter III at the NLRC, filed a Complaint for sexual harassment against Rayala before
    Secretary Bienvenido Laguesma of the Department of Labor and Employment (DOLE).
    On appeal Rayala accuses the Office of the Solicitor General (OSG), as counsel for the
    Republic, of forum shopping because it filed a motion for reconsideration of the decision of CA
    and then filed a comment on one of the case before the Supreme Court.
    ISSUE:

    Whether or not the OSG committed forum shopping?

    RULING:
    No, the Court did not agree.
    Forum shopping is an act of a party, against whom an adverse judgment or order has
    been rendered in one forum, of seeking and possibly securing a favorable opinion in another
    forum, other than by appeal or special civil action for certiorari. It consists of filing multiple
    suits involving the same parties for the same cause of action, either simultaneously or
    successively, for the purpose of obtaining a favorable judgment.
    There is forum shopping when the following ELEMENTS concur: (1) identity of the
    parties or, at least, of the parties who represent the same interest in both actions; (2) identity
    of the rights asserted and relief prayed for, as the latter is founded on the same set of facts;
    and (3) identity of the two preceding particulars such that any judgment rendered in the other
    action will amount to res judicata in the action under consideration or will constitute litis
    pendentia.
    Based on the foregoing, it cannot be said that the OSG is guilty of forum shopping. It was
    Rayala who filed the petition in the CA, with the Republic as the adverse party. Rayala himself
    filed a motion for reconsideration of the CAs December 21, 2001 Decision, which led to a more
    favorable ruling, i.e., the lowering of the penalty from dismissal to one-year suspension. The
    parties adversely affected by this ruling had the right to question the same on motion for
    reconsideration. But Domingo directly filed a Petition for Review with this Court, as did Rayala.
    When the Republic opted to file a motion for reconsideration, it was merely exercising a right.
    That Rayala and Domingo had by then already filed cases before the SC did not take away this
    right. Thus, when this Court directed the Republic to file its Comment on Rayalas petition, it
    had to comply, even if it had an unresolved motion for reconsideration with the CA, lest it be
    cited for contempt.

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