This case has been cited 3 times or more.
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2013-03-13 |
MENDOZA, J. |
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| Section 1 of Rule 2 of the Revised Rules of Court requires that every ordinary civil action must be based on a cause of action. Section 2 of the same rule defines a cause of action as an act or omission by which a party violates the right of another. In order that one may claim to have a cause of action, the following elements must concur: (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 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 or other appropriate relief.[19] In other words, "a cause of action arises when that should have been done is not done, or that which should not have been done is done."[20] | |||||
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2012-09-19 |
PERALTA, J. |
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| The essential elements of a cause of action are (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 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 or other appropriate relief.[9] | |||||
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2012-04-23 |
DEL CASTILLO, J. |
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| Corollarily, the essential elements of a cause of action are: (1) a right in favor of the plaintiff; (2) an obligation on the part of the defendant to respect such right; and (3) an act or omission on the part of the defendant in violation of the plaintiff's right with a resulting injury or damage to the plaintiff for which the latter may file an action for the recovery of damages or other appropriate relief. [37] | |||||