G.R. No. 156797 -

Ruling

WHEREFORE, premises considered, the instant action is hereby DISMISSED. [4] Lim's motion for reconsideration filed on January 3, 2001 was denied for lack of merit. Hence, this appeal directly to the Court via petition for review on certiorari . Issues Lim poses several questions of law, namely: [5] I. Whether or not the subsequent filing by the petitioner of his petition for judicial reconstitution of the originals of Transfer Certificates of Title Nos. 303168 and 303169 after the said loss of the exclusive sources from which certificates of title may be administratively reconstituted under Republic Act No. 6732 is the proper legal alternative under Section 110 of Presidential Decree No. 1529 and is in accordance with the procedure under Republic Act No. 26; II. Whether or not under the stated facts and circumstances, petitioner can be deemed to have engaged in forum shopping; III. Whether or not under the stated facts and circumstances, the non-disclosure by the petitioner of the previous filing of the application for administrative reconstitution of the originals of Transfer Certificates of Title Nos. 303168 and 303169 in his Certification against Forum Shopping incorporated in the petition for judicial reconstitution is a violation of Section 5, Rule 7 of the 1997 Rules of Civil Procedure; and IV. Whether or not the petitioner, who had no fault at all in the destruction of the original certificates of title safekept in the Registry of Deeds for Quezon City may be unjustly deprived of his proprietary right to obtain and possess reconstituted certificates of title over the real estate properties covered by Transfer Certificates of Title Nos. 303168 and 303169 specially where he complied with all the strict requirements of judicial reconstitution under Presidential Decree No. 1529 and in accordance with the procedure under and requirements of Republic Act No. 26. The foregoing issues may be restated thus: Did the RTC correctly dismiss the petition of Lim on the ground of forum shopping? Ruling Forum shopping is the act of a party litigant against whom an adverse judgment has been rendered in one forum seeking and possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari , or the institution of two or more actions or proceedings grounded on the same cause or supposition that one or the other court would make a favorable disposition. [6] Forum shopping happens when, in the two or more pending cases, there is identity of parties, identity of rights or causes of action, and identity of reliefs sought. [7] Where the elements of litis pendentia are present, and where a final judgment in one case will amount to res judicata in the other, there is forum shopping. [8] For litis pendentia to be a ground for the dismissal of an action, there must be: ( a ) identity of the parties or at least such as to represent the same interest in both actions; ( b ) identity of rights asserted and relief prayed