Lawyerly

You're currently signed in as:
User

CHINA BANKING CORPORATION v. CA

This case has been cited 5 times or more.

	GR No. 169442 2015-10-14	REPUBLIC v. ANTONIO V. BAÑEZ PEREZ, J.
An action based on a written contract must be brought within ten (10) years from the time the right of action accrued. Accordingly, a cause of action on a written contract accrues only when an actual breach or violation thereof occurs.[33] A cause of action has three elements, to wit: (1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the named defendant to respect or not to violate such right; and (3) an act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff.[34]
	GR No. 204160 2014-09-22	SPS. MICHELLE M. NOYNAY AND NOEL S. NOYNAY v. CITIHOMES BUILDER MENDOZA, J.
Cause of action has been defined as an act or omission by which a party violates a right of another.[12] It requires the existence of a legal right on the part of the plaintiff, a correlative obligation of the defendant to respect such right, and an act or omission of such defendant in violation of the plaintiff's rights.[13] A complaint should not be dismissed for insufficiency of cause of action if it appears clearly from the complaint and its attachments that the plaintiff is entitled to relief. [14] The complaint, however, may be dismissed for lack of cause of action later after questions of fact have been resolved on the basis of stipulations, admissions or evidence presented.[15]
	GR No. 168394 2008-10-06	AGRARIAN REFORM BENEFICIARIES ASSOCIATION v. LORETO G. NICOLAS REYES, R.T., J.
A cause of action is defined as "an act or omission of one party in violation of the legal right or rights of the other; and its essential elements are legal right of the plaintiff, correlative obligation of the defendant, and act or omission of the defendant in violation of said legal right."[25] The elements of a cause of action: (1) a right in favor of plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the named defendant to respect or not to violate the right; and (3) an act or omission on the part of defendant violative of the right of plaintiff or constituting a breach of an obligation to the latter.[26] It is only when the last element occurs that a cause of action arises.[27]
	GR NO. 150097 2007-02-26	DEVELOPMENT BANK OF PHILIPPINES v. ALEJANDRO CORONA, J.
Unless demand is proven, one cannot be held in default.[26] Petitioner's cause of action did not accrue on the maturity dates stated in the promissory notes. It is only when demand to pay is made and subsequently refused that respondents can be considered in default and petitioner obtains the right to file an action to collect the debt or foreclose the mortgage.[27] As we held in China Banking Corporation v. Court of Appeals:[28]
	GR NO. 159831 2005-10-14	PILIPINAS SHELL PETROLEUM CORPORATION v. JOHN BORDMAN LTD. OF ILOILO PANGANIBAN, J.
Jurisprudence is replete with the elements of a cause of action: (1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the named defendant to respect or not to violate the right; and (3) an act or omission on the part of the defendant violative of the right of the plaintiff or constituting a breach of an obligation to the latter.[70] It is only when the last element occurs that a cause of action arises.[71]