Friday, March 31, 2023

Cause of action ; elements of.


"7. ID.; ID.; ELEMENTS OF A CAUSE OF ACTION. — A cause of action is an act or omission of one party in violation of the legal right of the other. Its essential elements are, namely:(1) the existence of a legal right in the plaintiff, (2) a correlative legal duty on the part of the defendant, and (3) an act or omission of the defendant in violation of plaintiff’s right with consequential injury or damage to the plaintiff for which he may maintain an action for the recovery of damages or other appropriate relief."


Source - 

[G.R. No. 96921. January 29, 1993.]

DEVELOPMENT BANK OF THE PHILIPPINES, NATIONAL DEVELOPMENT COMPANY and NATIONAL STEEL CORPORATION, Petitioners, v. JUDGE AMIR PUNDOGAR, in his capacity as Presiding Judge of the Regional Trial Court of Iligan City, 12th Judicial Region, Branch III, FERNANDO JACINTO, JACINTO STEEL, INC., and ILIGAN INTEGRATED STEEL MILLS, INC., Respondents.

Office of the Government Corporate Counsel for petitioners.


Link - chanrobles.com. 

https://www.chanrobles.com/cralaw/1993januarydecisions.php?id=68