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Question

Canon 2 - Propriety: Duty not to institute multiple cases, Forum Shopping

In the interest of promoting propriety within the legal profession, lawyers are required to observe certain duties and ethical principles. One such duty is the prohibition against instituting multiple cases or engaging in forum shopping.

Consider the following scenario:

1. Atty. Lopez represents Client A in a civil case for damages filed before the Regional Trial Court (RTC) of City X, Branch 1.
2. Not satisfied with the proceedings in the RTC, Atty. Lopez decides to file a motion for reconsideration with the same court to request the amendment of the decision.
3. Atty. Lopez, in an attempt to expedite the resolution of the case, also files a petition for certiorari with the Court of Appeals, challenging the jurisdiction of the RTC in handling the said case.
4. After the Court of Appeals denies the petition, Atty. Lopez subsequently files a petition for review with the Supreme Court, reasserting the jurisdictional issue and seeking the reversal of the Court of Appeals' decision.

Based on the given scenario, answer the following questions:

1. Does Atty. Lopez's act of filing a motion for reconsideration with the RTC violate the duty not to institute multiple cases? Explain.
2. Evaluate Atty. Lopez's decision to file a petition for certiorari with the Court of Appeals. Does it constitute forum shopping? Explain and cite the applicable law.
3. If Atty. Lopez decides to file a petition for review with the Supreme Court after the denial of the petition for certiorari, would it be considered forum shopping? Why or why not?

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Answer