Cause of Action | Philippine Legal Context

Definition of Cause of Action

Cause of Action is an act or an omission of one party in violation of a legal right of another and therefore causing injury to the latter.

The essential element are the following:

  1. Right in favor of the plaintiff;
  2. Obligation of the defendant to respect the right;
  3. Defendant's action is violative of the right.

Cases Cited:

A cause of action is an act or an omission of one party in violation of the legal right or rights of another, causing injury to the latter. 28 Its essential elements are the following: (1) a right in favor of the plaintiff; (2) an obligation on the part of the named defendant to respect or not to violate such right; and (3) such defendant's act or omission that is violative of the right of the plaintiff or constituting a breach of the obligation of the former to the latter.

Velarde v. Social Justice Society (2004)

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