Rule 2

Right of Action
Section 2. A cause of action is an act
or omission by which one party violates It is the right to commence and
a right of another. maintain an action.

It is the delict or wrongful act The remedial right or right to relief

committed by the defendant in violation granted by law to a party to institute an
of the primary rights of the plaintiff. action against a person who has
committed a delict or wrong against
Elements of a Cause of Action: him.

1. The legal right of the plaintiff; Right of Action Cause of Action

2. The correlative obligation of the The REMEDIAL The DELICT OR
defendant; and RIGHT OR A WRONGFUL ACT
3. The act or omission of the RIGHT OF committed by a
defendant in violation of the said RELIEF granted defendant in
legal right. by law to party to violation of the
institute an action primary right of
A single act or omission can be violative against a person the plaintiff.
of various rights at the same time but who has
there is only one delict or wrong. committed a delict
or wrongful act
There is but a single cause of action against him.
regardless of the number of rights
violated. The right to sue as The delict or
a consequence of wrong.
Test of the Sufficiency of the that delict.
statement of the Cause of Action A formal statement
A remedial right or of the operative
Whether admitting the facts alleged, the relief granted by facts that give rise
court could render a valid judgment in law to some to such remedial
accordance with the prayer of the persons – the right.
complaint. plaintiff whose
right has been
The question as to whether the plaintiff violated by the
has a cause of action is determined by defendant.
the averments in the pleading regarding
the acts committed by the defendant. Depends on Depends on
substantive law. procedural law.
Whether such acts give him a right of
action is determined by substantive law.
Relief – the redress, protection, award
or coercive measure which the plaintiff
prays the court to render in his favor as
a consequence of the delict committed
by the defendant.
Remedy – the procedure or type of
action which may be availed by the
plaintiff as a means to obtain the relief
desired.
Subject-matter – the thing, wrongful
act, contract or property which is
directly involved in the action
concerning which the wrong has been
done and with respect to which the
controversy has arisen.
The subject-matter of a given case is
determined not by the nature of the
action that a party is entitled to bring
but by the nature and character of the
pleadings and issues submitted by the
parties.
Real Action – one brought for the
protection of real rights, land,
tenements or hereditament or one
founded on privity of estate only.
Example: Accion Reinvindicatoria.
Personal Action – one brought for
protection or recovery of real property
and also for award of damages
sustained.
Example: Action for sum of money.
Mixed Action – one brought for
protection or recovery of real property
and also for award for damages
sustained.
Example: Accion Publiciana with a claim
for damages.
For purposes of venue, a mixed
action is governed by the rules of venue
in real actions.
Action in rem – one which is not
directed only against particular persons
but against the thing itself.
The object of which is to bar
indifferently all who might be minded to
make any objection against the right
sought to be enforced. Hence the
judgment therein is binding theoretically
upon the whole world.
Example: Expropriation.
Action in personam – one is directed
against particular persons on the basis
of their personal liability to establish a
claim against them and the judgment
wherein is binding only upon the parties
impleaded or their successor in interest.
Example: Action for breach of contract.
Action quasi in rem – one directed
against particular persons but the
purpose of which is to bar and bind not
only said persons but any other persons
who claims any interest in the property
or right subject of the suit.
Example: Judicial foreclosure of
mortgage.
Transitory Action – the venue of
which is dependent upon the residence
of the parties regardless of where the
cause of action arose.
Example: Personal action.
Local Action – one which is required
by the Rules to be instituted in a
particular place in absence of an
agreement to the contrary.
Example: Real action.