Relucio v.

Lopez
373 SCRA 578 | G.R. No. 138497
January 16, 2002
On the matter of Elements of Cause of Action (III.B.2)
Ponente: Justice Pardo

Relevant Facts:
Respondent Angelina Lopez filed a petition for Appointment as
Sole Administratrix of Conjugal Partnership of Properties, Forfeiture,
etc. against Alberto Lopez and petitioner Imelda Relucio. Allegedly,
when Alberto abandoned his legal wife Angelina and their children,
Alberto maintained an illicit relationship with Imelda and used the
conjugal property of Angelina and Alberto in amassing properties.
Angelina and her children, however, never benefited from the same.

Issue: Whether Angelina has no cause of action against Imelda.

Ruling: Petition granted, CA decision reversed.

Ratio Decidendi:
The elements of a cause of action are the following: (1) A right in
favor of the plaintiff; (2) an obligation on the part of the named
defendant to respect such right; and (3) 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. The causes of
the action here are for the judicial appointment of Angelina as
administratrix of the conjugal partnership arising from her marriage to
Alberto; for the accounting of the conjugal partnership; for the
forfeiture of Alberto's share in the co-owned property acquired during
his illicit relationship with Imelda; for support and moral damages. To
all these, Imelda is a complete stranger. The administration of the
property of the marriage is entirely between the spouses, to the
exclusion of all other persons.