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])