Cause of Action

Requisites:

1. Legal Right of the plaintiff

2. Corresponding obligation of the defendant to respect that right

3. Act or omission that violated the right of the plaintiff

Source of obligation of rights and the parties:

1. Laws and Statutes

2. Agreements or Contracts

3. Quasi-Contracts

4. Quasi-Delicts

5. Delicts

Failure to state cause of action

- It can be determined after the presentation of evidence during the trial, the elements of the cause of action must be
complete or it may be susceptible to a demurer of evidence.

- The remedy is demurer of evidence, filed with the answer.

Lack of cause of action

Splitting of Causes of Action

Anticipatory breach

- a person can perform his obligation partially

Joinder

1. Rule 2 Section 5. Joinder of causes of action. — A party may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions:

(a) The party joining the causes of action shall comply with the rules on joinder of parties;

(b) The joinder shall not include special civil actions or actions governed by special rules;

(c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions,
the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the
jurisdiction of said court and the venue lies therein; and

(d) Where the claims in all the causes action are principally for recovery of money, the aggregate amount
claimed shall be the test of jurisdiction. (5a)
b. The joinder shall not include special civil actions or actions governed by special rules;

Ex:

x has a cause of action for recovery of mc amounting to 300k, and an action for unlawful detainer against y.

- you cannot join the 2 action because unlawful detainer is a special civil action.

c. Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the
joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of
said court and the venue lies therein

Ex:

1. x has a cause of action for recovery of mc amounting to 300k, and an action for collection of a sum of money
against y.

- the causes of action can be joined

Who may be parties:

a. natural person

b. juridical person

Necessary party

- dispensable but necessary for you to receive a complete relief