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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? 

When a passenger of a common carrier, such as a taxi, is injured in a collision thereof with ; another vehicle due to the negligence of the respective drivers of both vehicles (City of Bacolod vs San MIguel Brewery, Inc.)

The right violated here is the right of the passenger to be safely transported to his destination under the contract of carriage, the obligation here is the obligation of the taxi or common courier to safely transport his passenger to their destination, the negligent action of the driver that resulted to the injury of the passenger which constitute a violation of their righ.

Failure and refusal to pay the difference in bottling charges in violation of the right of appellee to be paid said charges in full under the Ordinance.

Right violated:  Right to be paid under the ordinance

Obligation: Obligation to pay as provided under the ordinance

Act or Omission: Failure and Refusal to pay.

But does a bank has cause of action over other person, not its debtor, for having possessed a negotiable instrument (check) negotiated to him by the banks real debtor?

The SC in the case of Development Bank of Rizal answered in the negative because the bank never received the checks nor dit it acquire any interest therein.  

Under our law on negotiable instruments, it provides that

Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto…

Hence, the payee of a negotiable instrument acquires no interest with respect thereto until delivery to him.


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