II Causes of Action Cause of Action : Act or omission by which a party violates the rights of another.

• The fact or combination of facts which affords a party a right to judicial interference in his behalf.

When cause of action is required? Rule 2 Sec 1 of the Rules of Court requires that every ordinary civil action must be based on a cause of action.

Elements of a Cause of Action • Right in favor of the plaintiff• An obligation on the part of the named defendant to respect or not to violate such right• An act or omission on the part of such defendant in violation of the right of the plaintiff or consti-

tuting a breach of the obligation of the defendant to the plaintiff for which the latter may maintain an action for recovery of damages or another appropriate relief.

Action distinguished from cause of Action

Action : Suit filed in court for the enforcement or protection of a right or the prevention or redress of a wrong.

Cause of Action: Basis of the action filed. Under the Rules of Court, every ordinary civil action must be based on a cause of action.

- The case of action must unmistakably be stated or alleged in the complaint or that all the ele-ments of the cause of action required by substantive law must clearly appear from the mere reading of the complaint,

- “ If you have a cause of action, then by all means, state it!”- The rules of procedure require that the complaint must contain a concise statement of the ulti-

mate or essential facts constituting the plaintiff’s cause of action. - Where there is a defect or insufficiency in the statement of the cause of action, a complaint may

be dismissed not because of an absence or a lack of a cause of action but because the complaint states no cause of action.

- dismissal will therefore be anchored on a “failure to state a cause of action” - Failure to state a cause of action : The plaintiff’s allegations are insufficient for the court to

know what the rights of the plaintiff are violated by the defendant. - Reinstatement of the complaint and the hearing of the case for presentation of evidence by

the parties.

Failure to state a cause of action Lack of cause of action

Insufficiency in the allegations in the complaint Failure to prove or establish by evidence that one has a cause of action

Rule 16, before a responsive pleading is filed and can be determined only from the allegation in the pleading and not from evidentiary matters

Rule 33, is raised in a demurrer to evidence after the plaintiff has rested his case and can be re-solved only on the basis of the evidence he has pre-sented.

Failure to state a cause of action Lack of cause of action