Cause of action

 A civil action is hinged on the Plaintiff's cause of action. This is the reason for filing a case. It is what triggers the filing of a complaint.

A cause of action is vital to an ordinary civil action. This is why Rule 2, Section 1 states that "Every ordinary civil action must be based on a cause of action."

Cause of action is defined as follows:

Section 2. Cause of action, defined. - A cause of action is the act or omission by which a party violates a right of another. 

It has three elements, as held in China Banking Corporation vs. Hon. Court of Appeals, GR No. 153267, June 23, 2005:

Otherwise stated, a cause of action has three elements, to wit, (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 the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff.

It bears stressing that it is only when the last element occurs that a cause of action arises. Accordingly, a cause of action on a written contract accrues only when an actual breach or violation thereof occurs.

Some examples of cause of action are breach of contract, fraud, and torts.

Do not confuse cause of action with the relief sought. Cause of action refers to the violation, and is the reason for filing a complaint, while the remedy is the ultimate solution for the violation.

Breach of contract is a cause of action, while the relief sought may be either specific performance or damages. In specific performance, the court will require the defendant to do what he committed under the contract, in order to restore the parties as closely as possible to their positions or situations before the breach. If the act can no longer be performed, then the court will order the defendant to pay damages which, again, is intended to restore the parties as closely as possible to their positions before the breach.

The choice of cause of action is important because this will determine what allegations you will need to make in your complaint, and what evidence you need to present.

If your cause of action is torts, the relief sought would be damages. Then you have to allege and prove there was an act or omission committed by the defendant that damaged your client. 

Readings:

1) Dr. Genevieve L. Huang vs. Philippine Hoteliers, Inc. at al, GR No. 180440, December 5, 2012

2) Rebecca T. Cabutihan vs. Landcenter Construction & Development Corporation, GR No. 146594, June 10, 2002