Cause of Action in the Philippine Rules of Court

A Civil Action in the Rules of Court of the Philippines is when a party sues someone for the enforcement of a right or prevention of a wrong in which a Cause of Action arose.

A civil action is governed by the rules on civil procedure issued by the Supreme Court. It is important to note that Civil Procedure is only a part of a broader branch of law, which is Remedial Law.

Majority of the concepts discussed is based on Rule 1 and 2 of the 2019 Amended Rules of Court.

I. Civil Action

Definition of Civil Action

What is the definition of Civil Action? Civil action is defined as Sec. 3(a), Rule 1 of the 2019 Amended Rules of Court as:

"[xxx] one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong." (1a, R2)

How is a civil action commenced or started?

A civil action is commenced by filing an original complaint in court as provided in Sec. 5, Rule 1 of the 2019 Amended Rules of Court:

Commencement of action. – A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a)

II. Cause of Action

What should be the basis of an ordinary civil action?

A civil action should be based on a Cause of Action, as provided in Sec. 1, Rule 2 of the 2019 Amended Rules of Court:

Section 1. Ordinary civil actions, basis of. – Every ordinary civil action must be based on a cause of action. (n)

What is a Cause of Action?

A Cause of Action is defined as an act or omission by which a party violates a right of another, as provided in Sec. 3, Rule 2 of the 2019 Amended Rules of Court:

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

In Asset Privatization Trust v. CA (2000) citing Navoa v. Court of Appeals , 321 Phil. 938, 947-948 (1995), a cause of action is defined as "the fact or combination of facts which affords a party a right to judicial interference in his behalf. It is the reason why the litigation has come about; it is the act or omission of defendant resulting in the violation of someone's right. Its existence is determined upon consideration of the statements or allegations in the complaint"

What are the elements of a Cause of Action?

The elements of a Cause of Action are:

  • Right of the plaintiff
  • Obligation of the defendant to follow that right
  • Violation by the defendant of that Right
  • Injury to the plaintiff
  • Damage to the plaintiff

An acronym may be formed as "ROVID"

III. Splitting a Cause of Action

Should there be only one suit for a single cause of action?

Yes, there can only be one suit for a single cause of action, as provided in Sec. 3, Rule 2 of the 2019 Amended Rules of Court:

Section 3. One suit for a single cause of action. – A party may not institute more than one suit for a single cause of action. (3a)

What is splitting a single cause of action?

What is the definition of a single cause of action?

Splitting a single cause of action is defined as filing two or more suits based on the same cause of action, as provided in Sec. 4, Rule 2 of the 2019 Amended Rules of Court:

Section 4. Splitting a single cause of action; effect of. – If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. (4a)

What is the effect of splitting a single cause of action?

Splitting a single cause of action shall result in the dismissal of other suits filed, as provided in Sec. 4, Rule 2 of the 2019 Amended Rules of Court.

IV. Joinder of Causes of Action

What is the Joinder of Causes of Action

Joinder of causes of action is the joining of causes of action. Causes of Action are joined when "they arise out of the same contract, transaction or relation between the parties or are for demands for money or are of the same nature and character". (Asset Privatization Trust v. CA, 2000).

The rules of Joinder of Causes of Action

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 of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (5a)

What is being joined in Sec. 5, Rule 2 of the 2019 Amended Rules of Court?

Causes of Action are being joined in a single case in Sec. 5, Rule 2 of the 2019 Amended Rules of Court.

What is not allowed to be joined in the Causes of action?

A special civil action or actions governed by special rules are not allowed to be joined in original civil actions as provided in Sec. 5, Rule 2, of the 2019 Amended Rules of Court.

What is the reason behind joining Causes of Action?

Joining of Causes is action is performed and encouraged to avoid Multiplicity of suits. In Asset Privatization Trust v. CA (2000), the court stated that "Multiplicity of suits should be avoided if the filing of a separate and independent action to recover a claim would entail proving exactly the same claim in an existing action. It can not however, be avoided when the cause of action in the two complaints are distinct and separate from each other."

V. Misjoinder of Causes of Action

A Misjoinder of Causes of action is when different causes of actions were joined together in a single case but does not meet the requirements enumerated in Sec. 5, Rule 2 of the 2019 Amended Rules of Court. The Rule on Misjoinder of Causes of Action is provided in Sec. 6, Rule 2 of the 2019 Amended Rules of Court:

Section 6. Misjoinder of causes of action. – Misjoinder of causes of action is not a ground for dismissal
of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be
severed and proceeded with separately. (n)

Is Misjoinder of causes of action a ground for dismissal?

No, a misjoinder of causes of action is not a ground for dismissal as explicitly provided in Sec. 6, Rule 2 of the 2019 Amended Rules of Court.

What is the action to be done if there is a misjoinder of Causes of Action?

There are two (2) methods to deal with a misjoinder of causes of action:

  1. A party may file a motion to severe and proceed separately the different causes of action
  2. The court may initiate to severe the causes of action and proceed with the cases separately.

Bibliography

Asset Privatization Trust v. CA, 2000

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