This case has been cited 2 times or more.
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2009-09-17 |
VELASCO JR., J. |
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| The Rules of Court defines "cause of action" as the act or omission by which a party violates a right of another. It contains three elements: (1) a right existing in favor of the plaintiff; (2) a correlative duty on the part of the defendant to respect that right; and (3) a breach of the defendant's duty.[19] It is, thus, only upon the occurrence of the last element that a cause of action arises, giving the plaintiff a right to file an action in court for recovery of damages or other relief.[20] | |||||
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2008-04-18 |
CHICO-NAZARIO, J. |
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| The AEDC further claims that the DOTC committed fraud when, without AEDC's knowledge, the DOTC entered into an Amended and Restated Concession Agreement (ARCA) with PIATCO. The fraud on the part of the DOTC purportedly also vitiated AEDC's consent to the compromise agreement. It is true that a judicial compromise may be set aside if fraud vitiated the consent of a party thereof; and that the extrinsic fraud, which nullifies a compromise, likewise invalidates the decision approving it.[54] However, once again, AEDC's allegations of fraud are unsubstantiated. There is no proof that the DOTC and PIATCO willfully and deliberately suppressed and kept the information on the execution of the ARCA from AEDC. The burden of proving that there indeed was fraud lies with the party making such allegation. Each party must prove his own affirmative allegations. The burden of proof lies on the party who would be defeated if no evidence were given on either side. In this jurisdiction, fraud is never presumed.[55] | |||||