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What is a cause of action?

July 30, 2008

Imagine…

that you have bought a bottled sardines, upon opening you discovered a body of cockcroach stuffed inside…

that you rendered overtime services to your company.  As stated in your contract, the company has to pay you overtime services whenever you render authorize overtime.  But at the end of the month, you never got your overtime payment…

that you saw your kid being spank by his teacher…

What would you do?

Can you initiate a complaint against these persons?  Do you have a cause of action? What would be your cause of action?

For today, I learned the definition of a cause of action.

In the case of Development Bank of Rizal vs. Sima Wei, et al, 217 SCRA 743, a cause of action has been defined as,

An act or omission of one party in violation of the legal right or rights of another.  The essential elements are: 

  1. legal right of the plaintiff 
  2. correlative obligation of the defendant
  3. an act or omission of the defendant in violation of said legal right

Now, how can I make this easy to recall? “Cause of Action” has 3 words.  Relate this with its 3 elements.  A cause of action has 3 elements.  Use codes: ROA OM. Right, obligation, act or omission.

So what are the examples of a cause of action? (more…)

Posted by elaw at 3:03 pm | permalink | comments[14]

Alam ba news?

The abbreviation of Bachelor of Laws is LLB.  Do you know how its abbreviation come about?

The two “Ls” in LLB did not come from the “L” of bachelor and laws.  The origin came from latin word, “Legum Baccalaureus” which means Bachelor of Laws. 

Posted by elaw at 2:54 pm | permalink | comments[4]

When is there a failure of election?

July 25, 2008

We only have 17 more days to go before the ARMM election.   This coming ARMM election will be a milestone in our election history because of the adoption of automation to expedite and facilitate the election process.  As of this writing, the test run of the automation system of COMELEC was very smooth.  However, I can’t help to be sceptic on whether during the election day, the system will also run smoothly considering other social and political factors that usually occur during election day.  At any rate, let us give the COMELEC the benefit of the doubt and kudos to them for finally undertaking this election reform long overdue.  

Expect that during the election date, the 3Gs (Guns, Goons and Gold) that traditionally disrupts the conduct of free, honest, ordely and credible election will again be employed by unscrupulous politicians.  For sure, the COMELEC will have its hand busy with petitions for suspension and for declaration of failure of election in ARMM areas.  But what exactly constitute a failure of election?  On what grounds failure of election is declare?

To help us understand, let me see what the law provides…

Section 6 of Omnibus Election Code says,

Sec. 6.  Failure of election. - If, on account of force majeure, violence, terrorism, fraud or other analogous causes the election in any polling place has not been held on the date fixed or had been suspended before the hour fixed by the law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation of the cause of such postponement or suspension of the election or failure to elect. (more…)

Posted by elaw at 7:42 pm | permalink | comments[17]

What is a class suit?

July 24, 2008

Lately we have been barraged with news regarding the complaints filed by victims of Sulpicio Lines maritime disaster.  There are, to my knowledge, two groups of complainant against the Sulpicio Lines. 

The first are the bereaved relatives of the victims who not only suffered emotionally as a result of the death of their family members but also financially as well due to death of the family bread winnners or by the hussles suffered by the family members going back and forth to verify the identities of their victims and going to Sulpicio Lines to recover their insurance.  

The other group of complainants are the residents of Romblon and Masbate who suffered loss of income due to the Endosulfan scare and oil leak from the sunken vessel.  

I heard that both groups are planning to institute a class suit against the Sulpicio Company.  But what is exactly a class suit?

Section 12 of Rule 3 of the Rules of Court, provides,

Sec. 12.    Class suit. — When the subject matter of the controversy is one of common or general interest to many persons, and the parties are so numerous that it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. But in such case the court shall make sure that the parties actually before it are sufficiently numerous and representative so that all interests concerned are fully protected. Any party in interest shall have a right to intervene in protection of his individual interest.

 According to the above-mentioned provision, there are two necessary elements for the maintenance of a class suit

  1. that the subject matter of the controversy be one of common or general interest to many persons, and
  2. that such persons be so numerous as to make it impracticable to bring them all to the court.

As nmemonic device, associate the word “class” as group of persons so numerous that they practically populate the court and relate the word “suit” with a common controversy or of general interest of the class of persons.

For an action to be a class suit it must allege the facts constituting the class suit in the complaint.  Mere designation of action as class suit is not enough.  

As declared by the SC in Mathay vs. Consolidated Bank and Trust Company, et al, GR. L-23136, Aug. 26, 1974

Whether the suit is or is not a class suit depends upon the attending facts, and the complaint, or other pleading initiating the class action should allege the existence of the necessary facts, to wit, the existence of a subject matter of common interest, and the existence of a class and the number of persons in the alleged class, 3 in order that the court might be enabled to determine whether the members of the class are so numerous as to make it impracticable to bring them all before the court, to contrast the number appearing on the record with the number in the class and to determine whether claimants on record adequately represent the class and the subject matter of general or common interest.

Posted by elaw at 10:34 am | permalink | comments[16]

Legal Maxims

July 21, 2008

Who says learning is boring?  Just found this great site that allows you to create a learning lesson.  Below is a sample educational game I have created to help legal students memorize legal maxims.  Oh yeah, this is a great game.

 

Click here for full screen version

Posted by elaw at 1:15 pm | permalink | comments[14]
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