Cause of Action

Elements Of Cause Of Action

A cause of action is the act or omission by which a party violates a right of another. A cause of action exists if the following elements are present:

(1)  a right in favor of the plaintiff by whatever means and under whatever law it arises or is created;

(2)  an obligation on the part of the named defendant to respect or not to violate such right; and

(3)  an act or omission on the part of such defendant violative of the right of plaintiff or constituting a breach of the obligation of defendant to plaintiff for which the latter may maintain an action for recovery of damages.

The fundamental test for failure to state a cause of action is whether, admitting the veracity of what appears on the face and within the four corners of the complaint, plaintiff is entitled to the relief prayed for.  Stated otherwise, may the court render a valid judgment upon the facts alleged therein? Indeed, the inquiry is into the sufficiency, not the veracity of the material allegations. If the allegations in the complaint furnish sufficient basis on which it can be maintained, it should not be dismissed regardless of the defenses that may be presented by defendants. (AC Enterprise vs. Frabelle Properties Corp. G.R. No. 166744. November 2, 2006, Callejo, J).