Definition of Cause of Action
A cause of action is the act or omission by which a party violates a right of another. Every ordinary civil action must be based on a cause of action. Without a cause of action, a rule is violated, and judicial relief cannot be sought. A cause of action arises when someone violates the rights of another. It is a single unit.
Essential Elements of a Cause of Action
The essential elements of a cause of action are:
- A right in favor of the plaintiff created by law or whatever means.
- An obligation on the part of the defendant to respect or not to violate such right.
- An act or omission by the defendant constituting a breach or violation of the plaintiff's right, for which the plaintiff may maintain an action for recovery of damages or other appropriate relief.
Basis of Cause of Action
A cause of action must be based on a source of obligation, such as law, contract, quasi-contract, delict, or quasi-delict. Law is the fundamental foundation of procedural law which outlines the methods for enforcement of rights. For example, a creditor who is unpaid by a debtor has a cause of action against the debtor for breach of contract. Similarly, a victim of a negligent act has a cause of action against the negligent defendant based on quasi-delict.
Splitting a Single Cause of Action
Splitting a single cause of action is the act of instituting two or more suits based on the same cause of action. This is prohibited by the rules. It violates the rule that a party may not institute more than one suit for a single cause of action. For example, a mortgage-creditor has a single cause of action to recover debt from a mortgage-debtor. The creditor cannot split this by filing separate complaints for the collection of sum of money and for foreclosure of the mortgage.
The reason for the rule against splitting is the judicial policy of preventing the clogging of court dockets normally arising from the filing of multiple suits based on the same cause of action. It violates the policy against multiplicity of suits.
If the first action is pending when the second action is filed, the latter may be dismissed based on litis pendentia. If a final judgment has been rendered in the first action when the second action is filed, the cause of action is barred by prior judgment (res judicata). The remedy for the erroneously joined cause of action that constitutes splitting is for the cause of action to be severed and proceeded with separately upon motion by a party or motu proprio by the court. Misjoinder of causes of action is not a ground for the dismissal of an action.
Sufficiency of Complaint and Failure to State a Cause of Action
A complaint must clearly state the cause of action. This means stating all the essential elements. To test the sufficiency of a complaint, the facts asserted in the complaint must be taken into account without modification. It is erroneous to consider extrinsic facts or hold a preliminary hearing to determine the sufficiency. The tests for sufficiency are: (a) Does the complaint show the plaintiff suffered an injury? (b) Is it an injury for which the law provides a remedy? (c) Is the defendant liable? (d) Is a legal remedy available against the defendant?.
Failure to state a cause of action is not the same as absence or lack of cause of action. Lack of a cause of action refers to a situation where the evidence does not prove the cause of action alleged in the pleading. Failure to state a cause of action is based solely on the allegations in the complaint. It is a ground for dismissal in Rule 16, as amended by A.M. No. 19-10-20-SC. The ground for dismissal is that the pleading asserting the claim states no cause of action. The remedy for failure to state a cause of action is the dismissal of the complaint. The dismissal is based on the insufficiency of the pleading itself.
Cause of Action and Jurisdiction/Venue
Jurisdiction over the subject matter is conferred by law. It is not solely the filing of the complaint or payment of docket fees. Jurisdiction over the subject matter is determined by the allegations in the pleadings. The court must determine whether or not it has jurisdiction over the subject matter presented before it. An act performed without jurisdiction is null and void and without binding legal effect.
The venue of an action is the place where the action is to be filed. Venue is generally given to the plaintiff to choose, subject to the Rules of Court. For real actions, venue is where the property is located. For personal actions, venue is the place of residence of a principal party, not a mere nominal party. Improper venue must be raised as an affirmative defense.
Joinder of Causes of Action
Joinder of causes of action is the uniting of two or more demands or rights of action in one action. It allows the inclusion of two or more civil causes of action in a single complaint or declaration. The objective of joinder is to avoid multiplicity of suits and expedite the disposition of litigation. Joinder is permissible, not mandatory.
For joinder to be proper, several requirements must be met:
- The party joining the causes of action complies with the rules on joinder of parties.
- The joinder does not include special civil actions or actions governed by special rules.
- The causes of action pertain to different venues or jurisdictions, but the joinder is allowed in the court provided venue of the causes of action lies therein.
- Where the claims are principally for recovery of money, the aggregate amount claimed is the test of jurisdiction.
- The causes of action arise out of the same transaction or series of transactions, or if there is a question of law or fact common to all the parties.
If causes of action are improperly joined (misjoinder), it is not a ground for dismissal. Misjoined causes of action may be severed and proceeded with separately upon motion of a party or the court's own initiative. Any adjudication rendered without severance is a nullity if the court lacks jurisdiction over the misjoined cause of action.
Parties to Civil Actions
Parties are designated as plaintiff(s) and defendant(s). In actions involving recovery of money, the plaintiff is the claiming party and the defendant is the defending party. A party in interest is one who stands to be benefited or injured by the judgment or the party entitled to the avails of the suit. The term "real party in interest" applies not only to the plaintiff but also to the defendant. An action is in personam if it is directed against a person on the basis of personal liability. An action is in rem if it is directed against the thing itself. An action is quasi in rem if it is directed against persons or entities but the purpose is to subject the interest in the thing to the obligation or lien burdening the property.
An indispensable party is a party in interest without whom no final determination can be had of an action. The presence of an indispensable party is mandatory, and their interest is inseparable from the other parties. If an indispensable party is not joined, the court cannot obtain jurisdiction. Failure to implead an indispensable party is not a ground for dismissal, but the court must order the party's inclusion. The non-joinder of indispensable parties is a ground for the dismissal of an action only if the plaintiff fails or refuses to comply with the court order to include them.