forum shopping

is there forum shopping if the following cases are filed? a) petition for enforcement of barangay amicable settlement (i.e., to enforce the barangay agreement made 2 years ago wherein the defendant agreed to vacate the premises). and b)ejectment/unlawful detainer where the defendant is being asked to vacate the premises

The first case has been filed at the MTC but has been dragging on being a "regular procedure". The second case meanwhile is not yet filed but i was advised that this case falls under a "summary procedure" and will be faster to resolve. Will there be forum shopping if an unlawful detainer case is filed despite an ongoing court case (petition for enforcement of barangay amicable settlement where the defendant agreed to vacate)?

thanks.

thanks a lot. looks like i will be stuck with my tenant for years since the case is appealable. but will there be any complication to the ongoing case (enforcement of barangay amicable settlement) if instead of filing an ejectment case (expiration of lease), i will try instead to ask for a 10% rental increase. We used to have a written contract but it already expired and the lease was allowed to go on for years. The monthly rental is P9,500 subject to rent control law; the tenant by the way is religiously paying on time (no arrears). i did not increase the rent for several years now because the tenant agreed to vacate years ago but she failed to do so and disregarded our barangay amicable settlement.

thanks again.

wolverine wrote:

So you failed to have the Agreement enforced by the Lupon, through the punong barangay, within six months from the date of settlement?

Anyway, i advise you not to file the ejectment/unlawful detainer case, it will be vulnerable to dismissal because the Agreement of the parties already had the force and effect of a final judgment.Perforce, the Agreement will bar the filing of a case for ejectment/unlawful detainer.

As you have stated, an action had already been filed with the MTC to enforce the Agreement. The filing of an ejectment/unlawful detainer case would be a surplusage atleast and let alone the expenses you have to incur in order to attain a similar end purpose. Just stick with the pending action.

well, do you or not want to eject him? since he's already a well paying tenant, maybe your best move is to have your case put back in mediation and you can come up with a new agreement there, and the case will be ended.

and i tell you, summary is not quick either.

and don't you have your own lawyer? has he been negligent in attending to your case?