Cause of Action

- definition & elements

- failure to state a CA
- Test - if you admit the truth allege ....

Test to determine when pleading asserting the claim states no cause of action:

The test, therefore, is whether, assuming that the allegations of fact in the complaint to be true, a valid
judgment could be rendered in accordance with the prayer stated therein

Test of the sufficiency of the statement of a cause of action

The test of the sufficiency of the facts alleged in the complaint as constituting a cause of action is
whether or not admitting the facts alleged, the court could render a valid verdict in accordance with the
prayer of the complaint

A complaint is sufficient if it contains sufficient notice of the cause of action even though the allegations
may be vague and indefinite.

The three tests to ascertain whether two suits relate to a single or common cause of action

1. whether the same evidence would support and sustain both the first and second causes of action
(also known as the “same evidence” test);

2. whether the defenses in one case may be used to substantiate the complaint in the other;

3. whether the cause of action in the second case existed at the time of the filing of the first complaint

Spliting

- It is the act of instituting two or more suits for the same cause of action
- RULE: The rule against splitting a cause of action and its effect is that if two or more suits are
instituted on the basis of the same cause of action, the filing of one or a judgment on the merits
in any one is available as a ground for the dismissal of the others

Joinder or Mis-joinder of Causes of Action

- Joinder of causes of action is the assertion of as many causes of action as a party may have
against another in one pleading alone.

- Misjoinder, shouldn’t have done that.

- When there is a misjoinder of causes of action, the erroneously joined cause of action can be
severed or separated from the other cause of action upon motion by a party or upon the court’s
own initiative. Misjoinder of causes of action is not a ground for the dismissal of the case.

- Joinder of causes of action is not compulsory. It is merely permissive (Bar 1999). The rule uses
the word “may,” not “shall”. Permissive rule is a provision that permits discretion or an option.
 - RULE: the rule on joinder of causes of action is that a party may in one pleading assert, in the
alternative do otherwise, as many causes of action as he may have against an opposing party,
provided that the rule on joinder of parties is complied with; the joinder shall not include special
civil actions or actions governed by special rules, but may include causes of action pertaining to
different venues or jurisdictions, provided, one cause of action falls within the jurisdiction of the
Regional Trial Court and venue lies therein; and the aggregate amount claimed shall be the test
of jurisdiction where the claims in all the causes of action are principally for the recovery of
money

- The plaintiff will be paying twice without refund.

- litis pendencia / permissive rule

Litis Pendentia

As a ground for the dismissal of a civil action, litis pendentia refers to a situation where two actions are
pending between the same parties for the same cause of action, so that one of them becomes
unnecessary and vexatious.

Litis pendentia exists when the following requisites are present: identity of the parties in the two
actions; substantial identity in the causes of action and in the reliefs sought by the parties; and the
identity between the two actions should be such that any judgment that may be rendered in one case,
regardless of which party is successful, would amount to res judicata in the other.”

Kinds of Action
- special proceedings
- special civil action

Real vs Personal: venue

local - real
transitory - personal

In personam
In rem
Quasi in rem
Parties - absence
Real
Indispensable
Necessary
Actions that survives death of party.
Class Suits
Other parties