Rule 2

Question 1

Rule 2. Sec. 1

Answer 1

Every ordinary civil action must be based on a cause of action.

Question 2

Cause of Action

Answer 2

is the act or omission by which a party violates a right of another (Sec. 2, Rule 2). It is also referred to as “the fact or combination of facts which affords a party a right to judicial interference in his behalf.”

Question 3

ELEMENTS OF CAUSE OF ACTION

Answer 3

1. Legal right in favor of the plaintiff
2. A Correlative legal duty of the defendant to respect such rights
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 or which the latter may maintain the pertinent action.
4. **Damage suffered by the plaintiff

Question 4

What is the effect if one of the elements is not present?

Answer 4

If one of the elements is absent, the complaint becomes vulnerable to a motion to dismiss on the ground of failure to state a cause of action. (Development Bank of the Phils. vs. Silverio Casillo, G.R. No. 163827, August 17, 2011.)

Question 5

Why is it important that a complaint should state a cause of action?

Answer 5

Because simple justice demands that a defendant must know what the complaint him is all about. (Virata vs. Sandiganbayan et al, G.R. No 114331, May 27, 1997)

Question 6

Of the four (4) elements, which is the most important?

Answer 6

The third element (violation) is the most important since it is only upon the occurrence of this element that a cause of action arises

Question 7

ls cause of action required in all types of cases?

Answer 7

No. It is only required in Ordinary Civil Actions.

Question 8

Right of Action

Answer 8

Right of a plaintiff to bring an action and to prosecute that action until final judgment (Marquez vs. Varela, 92 Phil. 373).

Question 9

Requisites for right of action

Answer 9

a. A good cause of action.
b. Compliance with all the conditions precedent to the bringing of the action; and
c. Right to bring and maintain the action must be in the person instituting it.**

Note: A right of action may prescribe (statute of limitation, estoppel or other circumstances which do not affect the cause of action) but a cause of action will not.

Question 10

TEST OF SUFFICIENCY OF CAUSE OF ACTION

Answer 10

Whether or not admitting the facts alleged, the court could render a valid verdict in accordance with the prayer the complaint.

Gen. Rule: The sufficiency of the statement of cause of action must appear on the face of the complaint, and its existence is only determined by the allegations of the complaint (Viewmaster Construction vs. Roxas, G.R. No. 133576, July 13, 2000).

Exception: In some cases, the Court considered, in addition to the complaint, the appended annexes or documents, other pleadings of the plaintiff, or admissions in the records (Agrarian Reform Beneficiaries Association vs. Nicolas, G.R. No. 168394, October 6, 2008).

Note: The truth or falsity of the allegations is beside the point because the allegations in the complaint are hypothetically admitted. (PNB vs. Court of Appeals, G.R. No. 121251, June 26, 1998)