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CAUSES OF ACTION

CAUSE OF ACTION
Is the act or omission by which a party violates a right of another. A party may
not institute more than one suit for a single cause of action.

Elements:
1.) The plaintiffs primary right and the defendants corresponding duty, whatever may
be the subject to which they relate person, character, property or contract;
2.) The delict or wrongful act or omission of the defendant, by which the primary right
and duty have been violated.

RIGHT OF ACTION
Is the right to commence and maintain an action. The right of action springs from
the cause of action, but does not accrue until all facts which constitute the cause of action
have occurred.

PARTIES TO CIVIL ACTION

PLAINTIFF may also refer to the claimant party, the counter-claimant, the cross-
claimant, or the third (fourth, etc.) party plaintiff.

DEFENDANT may refer to the original defending party, the defendant in a counterclaim,
the cross-defendant, or the third (fourth, etc.) party defendant.

CLASSIFICATION OF PARTIES
Real party Interest - Is the party who stands to the benefited or injured by the
judgement in the suit, or other party entitled to the avail of suits.
Indispensable Party - A person without whom no final determination can be
had of an action.
Proper Party - Is one who is not indispensable but who ought to be joined as a
party if complete relief is to be accorded as to those already parties.
Pro Forma Party - A husband or wife who is required to be joined in suits by or
against his spouse.
Quasi-Parties - Those in whose behalf a class or representative suit is brought.
Representatives as Parties - A representative may be a trustee of an express
trust, a guardian, an executor or administrator, or a party authorized by law.
Indigent Party - Is one who has no money or property sufficient and available
for food, shelter and basic necessities for himself and his family.
Class Suit - When the subject matter of the controversy is one of common or
general interest to many persons so numerous that it is impartible to join all as
party.
VENUE OF ACTIONS

REAL ACTIONS - shall commenced and tried in proper court which has jurisdiction over
the are wherein the real property involved.

PERSONAL ACTIONS - shall commenced and tried where the plaintiff or defendant
resides. In the case of non-resident defendant where he may be found, at the election of
the plaintiff.

AGAINST NON-RESIDENTS - If any of the defendants does not reside and is not found
in the Philippines, the action may be commenced and tries in the court of the place where
the plaintiff resides, or where the property or any portion thereof is situated.

CRIMINAL ACTION AND CRIMINAL LAW

CRIMINAL ACTION
Is one by which the State prosecutes a person for an act or omission punishable by law.

CRIMINAL LAW
Source: Revised Penal Code, otherwise known as Act 3815. It took effect on 01 January
1932.

Revised Penal Coded consists of Two Books:


Book One:
Parts: 1.) Basic Principle of Criminal Liability (Articles 1-20)
2.) Provision on Penalties (Articles 21-113)

Book Two: defines the felonies with the corresponding penalties, and the felonies are
classifies and grouped under 14 different titles.

Special Penal Laws


Are laws enacted by Congress which penalize specific acts not included in the Revised
Penal Code.