This case has been cited 3 times or more.
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2009-08-19 |
CHICO-NAZARIO, J. |
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| Forum shopping occurs although the actions seem to be different, when it can be seen that there is a splitting of a cause of action. [35] A cause of action is understood to be the delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff. It is true that a single act or omission can violate various rights at the same time, as when the act constitutes juridically a violation of several separate and distinct legal obligations. However, where there is only one delict or wrong, there is but a single cause of action regardless of the number of rights that may have been violated belonging to one person.[36] | |||||
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2006-03-24 |
CHICO-NAZARIO, J. |
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| Respondent Judge's observation is erroneous. It is crystal clear from B.P. Blg. 129, as amended by Republic Act No. 7691, that what must be determined to be capable or incapable of pecuniary estimation is not the cause of action, but the subject matter of the action.[9] A cause of action is "the delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff."[10] On the other hand, the "subject matter of the action" is "the physical facts, the thing real or personal, the money, lands, chattels, and the like, in relation to which the suit is prosecuted, and not the delict or wrong committed by the defendant."[11] | |||||
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2005-09-09 |
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| It is the delict or wrongful act or omission committed by the defendant in violation of the primary right of the plaintiff.[6] | |||||