Scribd Logo
Upload

Welcome to Scribd!

  • 10 views

    Rule 2 - Section 2

    Uploaded by

    Christopher Julian Arellano
    The document discusses causes of action in civil cases. It defines a cause of action as an act or omission that violates another party's rights. It lists the three elements of a cause of action as: (1) a right in favor of the plaintiff, (2) an obligation on the defendant to respect that right, and (3) an act or omission by the defendant that violates the plaintiff's right. While causes of action are essential in civil cases, administrative cases focus on whether the respondent breached any norms or standards. Causes of action can also be based on breaches of contract or the vicarious liability of an employer for their employee's actions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Rule 2 - Section 2

    Uploaded by

    Christopher Julian Arellano
    10 views2 pages
    The document discusses causes of action in civil cases. It defines a cause of action as an act or omission that violates another party's rights. It lists the three elements of a cause of action as: (1) a right in favor of the plaintiff, (2) an obligation on the defendant to respect that right, and (3) an act or omission by the defendant that violates the plaintiff's right. While causes of action are essential in civil cases, administrative cases focus on whether the respondent breached any norms or standards. Causes of action can also be based on breaches of contract or the vicarious liability of an employer for their employee's actions.

    Original Title

    RULE 2_ SECTION 2

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses causes of action in civil cases. It defines a cause of action as an act or omission that violates another party's rights. It lists the three elements of a cause of action as: (1) a right in favor of the plaintiff, (2) an obligation on the defendant to respect that right, and (3) an act or omission by the defendant that violates the plaintiff's right. While causes of action are essential in civil cases, administrative cases focus on whether the respondent breached any norms or standards. Causes of action can also be based on breaches of contract or the vicarious liability of an employer for their employee's actions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    10 views2 pages

    Rule 2 - Section 2

    Uploaded by

    Christopher Julian Arellano
    The document discusses causes of action in civil cases. It defines a cause of action as an act or omission that violates another party's rights. It lists the three elements of a cause of action as: (1) a right in favor of the plaintiff, (2) an obligation on the defendant to respect that right, and (3) an act or omission by the defendant that violates the plaintiff's right. While causes of action are essential in civil cases, administrative cases focus on whether the respondent breached any norms or standards. Causes of action can also be based on breaches of contract or the vicarious liability of an employer for their employee's actions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Section 1.

    Rule 1.

    Cause of Action

     It is an act or omission by which a party violates the right of another.


     R1, S2. Every ordinary civil action must be based on a Cause of Action, otherwise the court
    WILL DISMISS THE CASE FOR FAILURE TO STATE A CAUSE OF ACTION or THE JUDGMENT WILL BE RENDERED
    AGAINST THE PLAINTIFF FOR LACK OF CAUSE OF ACTION.

    Elements of a cause of action


    1. The elements of a cause of action are as follows:
    (a) A right in favor of the plaintiff by whatever means and under whatever law in thet arises or is
    created;
    (b) An obligation on the part of the named defendant to RESPECT OR NOT TO VIOLATE such right;
    and
    (c) 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.

    Cause of action as applied to administrative cases

     While the concept of a cause of action is one that is essential to the existence of a civil action, in
    administrative cases however, the issue is not whether the complainant has a cause of action
    against the respondent, BUT WHETHER THE RESPONDENT HAS BREACHED THE NORMS AND
    STANDARDS OF THE OFFICE.

    Cause of action based on contracts

     The plaintiff does not need to allege or give proof of negligence on the part of the
    defendant.
     It only require two things: 1. the existence of a contract; and 2. the breach of a contract.

    Cause of action based on the vicarious liability of an employer


     As a general rule, negligence an element of a quasi delict must be alleged and proved but the
    negligence of those persons described under Art 2180 .

     The concept of vicarious liability is that the person’s act or omission within the their assigned
    duty, the employer’s negligence in the selection and supervision of his employee is presumed
    and his liability shall only cease if he successfully proves his observance of the diligence required
    of a good father of a family to prevent damage.

    Cause of action for a sum of money based on a promissory note

     Where the obligation is one with a period, filing before the due of the period is premature.
    (Allegation that a debt exists).

    You might also like