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If the causes of actions are clearly distinct that there is no identity

of transactions, facts and issues, there is no forum shopping.


Further, the same prayer alone does not imply that there are
similar facts, issues, and causes of action. In this case, the first CA
petition is relative to the striking out of the allegations made by
petitioners in their answer, and the second is the dismissal of the
Civil Case for non-suit and the denial of the Notice of Appeal
events which transpired after the filing of the first CA Petition.
(Santos v. PKE, Inc., G.R. No. 143562, [Oct. 23, 2006])