Singer Claire Dela Fuente fined for forum shopping
Claire Dela Fuente. FILE PHOTO
MANILA, Philippines—The Court of Appeals has fined veteran singer and bus operator Claire De La Fuente after she was found guilty of indirect contempt for filing several motions and petitions in different venues to secure a favorable ruling on the P417.8 million tax evasion case filed against her and her company, Philippine Corinthian Line Corporation (PCLC) by the Bureau of Internal Revenue (BIR).
In a 14-page decision written by Associate Justice Pedro Corales, the appeals court’s Special Fifteenth Division ordered De La Fuente (Clarita de Guzman in real life) and PCLC to pay a fine of P2,000 each and warned that a repetition of the offense will be dealt with more severe penalty.
“This Court cannot countenance petitioners’ resort to the reprehensible practice of forum shopping which manipulates the court system, abuses its processes, degrades the administration of justice, and wastes valuable judicial resources,” the appeals court said.
De La Fuente filed a petition for mandamus, prohibition and certiorari with the Court of Appeals against the BIR and Justice Secretary Leila De Lima questioning the Nov. 2, 2010 resolution reversing the ruling of her predecessor Alberto Agra. Former Justice Secretary Agra dismissed the tax evasion case against De La Fuente and ordered the withdrawal of the information (charge sheet) filed against her before the Court of Tax Appeals.
De Lima, however, ordered the re-filing of the tax evasion case saying there was basis for the allegation raised by the BIR.
In 2012, the appeals court dismissed De La Fuente’s petition, prompting her to raise the case to the Supreme Court. During the pendency of the petition, she filed a motion for reconsideration before the Department of Justice. After De Lima denied the motion for reconsideration, she again went to the Court of Appeals to question the ruling.
The appeals court, in its ruling, said the filing of the motion for reconsideration with the DOJ, despite the pendency of the appeals court case “is a clear case of forum shopping” as de la Fuente sought, at the same time, two separate remedies with two different judicial venues–the DOJ and the CA–to obtain one and the same relief, which is the reversal of the November 5, 2010 resolution of de Lima.
“We therefore impose the maximum corresponding penalty, without prejudice to the appropriate administrative sanctions, and sternly warn petitioners against similar behavior in the future,” it added.
Concurring with the ruling were Associate Justices Sesinando Villon and Victoria Isabel Paredes.
“We therefore impose the maximum corresponding penalty, without prejudice to the appropriate administrative sanctions, and sternly warn petitioners against similar behavior in the future,” it added.
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