Forum Shopping

In the present case, HFC did not commit forum shopping because the third element of litis pendentia is lacking.  As previously mentioned, the DARAB’s land valuation is only preliminary and is not, by any means, final and conclusive upon the landowner or any other interested party.  The courts, in this case, the SAC, will still have to review with finality the determination, in the exercise of what is admittedly a judicial function. Thus, it becomes clear that there is no identity between the two cases such that a judgment by the DARAB, regardless of which party is successful, would amount to res judicata in the case before the SAC (Land Bank of the Philippines Vs. Honeycomb Farms Corporation, G.R. No. 166259. November 12, 2012).