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II Causes of Action

Cause of Action : Act or omission by which a party violates the rights of another.
The fact or combination of facts which affords a party a right to judicial interference in his behalf.

When cause of action is required?


Rule 2 Sec 1 of the Rules of Court requires that every ordinary civil action must be based on a
cause of action.

Elements of a Cause of Action


Right in favor of the plaintiff
An obligation on the part of the named defendant to respect or not to violate such right
An act or omission on the part of such defendant in violation of the right of the plaintiff or
constituting a breach of the obligation of the defendant to the plaintiff for which the latter may
maintain an action for recovery of damages or another appropriate relief.
Action distinguished from cause of Action
Action : Suit filed in court for the enforcement or protection of a right or the prevention or redress of
a wrong.
Cause of Action: Basis of the action filed. Under the Rules of Court, every ordinary civil action must
be based on a cause of action.

- The case of action must unmistakably be stated or alleged in the complaint or that all the

elements of the cause of action required by substantive law must clearly appear from the mere
reading of the complaint,

- If you have a cause of action, then by all means, state it!


- The rules of procedure require that the complaint must contain a concise statement of the
ultimate or essential facts constituting the plaintiffs cause of action.

- Where there is a defect or insufficiency in the statement of the cause of action, a complaint may
be dismissed not because of an absence or a lack of a cause of action but because the

complaint states no cause of action.


- dismissal will therefore be anchored on a failure to state a cause of action

- Failure to state a cause of action : The plaintiffs allegations are insufficient for the court to know
what the rights of the plaintiff are violated by the defendant.

- Reinstatement of the complaint and the hearing of the case for presentation of evidence by
the parties.

Failure to state a cause of action

Lack of cause of action

Insufficiency in the allegations in the complaint

Failure to prove or establish by evidence that one


has a cause of action

Rule 16, before a responsive pleading is filed


and can be determined only from the allegation
in the pleading and not from evidentiary matters

Rule 33, is raised in a demurrer to evidence after the


plaintiff has rested his case and can be resolved
only on the basis of the evidence he has presented.