This case has been cited 3 times or more.
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2006-06-16 |
CALLEJO, SR., J. |
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| The term "right of action" is the right to commence and maintain an action. In the law of pleadings, right of action is distinguished from a cause of action in that the former is a remedial right belonging to some persons while the latter is a formal statement of the operational facts that give rise to such remedial right. The former is a matter of right and depends on the substantive law while the latter is a matter of statute and is governed by the law of procedure. The right of action springs from the cause of action, but does not accrue until all the facts which constitute the cause of action have occurred.[25] | |||||
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2005-12-09 |
AUSTRIA-MARTINEZ, J. |
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| Section 2, Rule 2 of the Rules of Court provides that a cause of action is the act or omission by which a party violates a right of another. In De Guzman, Jr. vs. Court of Appeals,[19] this Court held:A cause of action is the fact or combination of facts which affords a party a right to judicial interference in his behalf. An action means an ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prosecution or redress of a wrong. | |||||
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2005-06-15 |
CORONA, J. |
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| First of all, the trial court properly denied the petitioner's motion to dismiss because the private respondents' complaint on its face showed that they had a cause of action against the petitioner. The elements of a cause of action are: (1) the plaintiff's primary right and the defendant's corresponding primary duty, and (2) the delict or wrongful act or omission of the defendant, by which the primary right and duty have been violated. The cause of action is determined not by the prayer of the complaint but by the facts alleged.[16] | |||||