Wednesday, March 5, 2014

CAUSE OF ACTION:

     A cause of action is the act or omission by which a party violates a right of another. A complaint states a cause of action when it contains three essential elements: (1) a right in favor of the plaintiff by whatever means and whatever law it arises; (2) the correlative obligation of the defendant to respect such right; and (3) the act or omission of the defendant violates the right of the plaintiff.  If any of these elements is absent, the complaint becomes vulnerable to a motion to dismiss on the ground of failure to state a cause of action (Development Bank of the Phils. vs. Hon. Silverio Q. Castillo & Cristina Trinidad Zarate Romero, G.R. No. 163827, August 17, 2011, VILLARAMA, JR., J.).

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