Is the plaintiff in a separate civil action for damages guilty of forum shopping when the criminal action is filed for the same incident?

• A. No; the criminal action and the civil action are separate remedies and forum shopping tests do not apply.
• B. Yes; the civil action and the criminal action are based on the same facts and the civil action is barred.
• C. Yes; the civil action is barred by res judicata.
• D. No; the civil action always follows the criminal action.

Answer: (C)

The key idea here is res judicata in cases where both a criminal action and a civil action for damages arise from the same act. Once the criminal case has been prosecuted to a final judgment, the civil action for damages based on the same incident cannot proceed. The issues and facts have already been decided in the criminal case, and allowing a separate suit would amount to relitigating the same matter and inviting multiplicity of suits or forum shopping. Therefore, the civil action is barred by res judicata, so the plaintiff cannot pursue that separate action after the criminal case has reached finality.