Petition dismissed for forum shopping

CEBU, Philippines - Regional Trial Court Judge Enriqueta Belarmino dismissed the civil case filed against Cebu City officials by the Kahugpungan sa Mandaue Jeepney Operators ug Draybers Association Inc. (KAMJODA) for forum shopping.

Belarmino said there are similar cases of the declaration for nullity of the City Ordinance 1837 filed by the Mandaue Drivers and Operators which KAMJODA representative Romeo Armamento failed to disclose.

“The reason for non-disclosure of the previous cases is not acceptable,” Belarmino ruled.

Belarmino said the three cases tackle only the amendments of the city ordinance that the petitioners sought to be nullified. She added not only the substantial identity in the cause of action is included but also the prayers or relief sought.

“He (Armamento) cannot claim ignorance of these cases filed before other courts. Why Armamento, a member of KAMJODA did not mention the other two previous cases in the certificate of non-forum shopping, the purpose for non-disclosure is apparent,” the order read.

The Reform Movement of Operators and Drivers Association Inc. (REMODA), Mandaue United Drivers Association Inc. (MUDA), Alyansa sa Nagkahiusang Driver-Operator Alang sa Reporma Inc. (ANDAR) filed an injunction against Cebu City Officials.

But it was denied by the court dated November 7, 2000 and totally dismissed in its order dated February 21, 2001 for the failure to comply with the order of the court.

ANDAR also filed a case against the City of Cebu for the same cause of action but it was denied by the court.

KAMJODA then filed the latest case for declaratory relief, prohibition with prayer for issuance of temporary restraining order and writ of preliminary injunction.

However, Belarmino denied the injunction of the KAMJODA because of a technicality and ruled the KAMJODA failed to mention in the Verification and Certification against Forum Shopping that these cases were resolved or pending in other courts.

The petitioners maintain that the case they filed is different from the previous cases. (FREEMAN)