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    Cause of Action Rule Against Splitting

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    jaypunzalan
    The document discusses the rule against splitting a cause of action. It defines a cause of action as having three elements: (1) a right of the plaintiff, (2) a corresponding obligation of the defendant to respect that right, and (3) an act or omission by the defendant that violates the plaintiff's right. A cause of action can arise from a single act or omission that violates multiple rights of the plaintiff. For example, a passenger injured in an accident may have causes of action for negligence under tort law, criminal negligence under penal law, and breach of contract for carriage. While a single act can create multiple causes of action, multiple acts can also combine to violate a single right and create a single cause of

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    Cause of Action Rule Against Splitting

    Uploaded by

    jaypunzalan
    33 views2 pages
    The document discusses the rule against splitting a cause of action. It defines a cause of action as having three elements: (1) a right of the plaintiff, (2) a corresponding obligation of the defendant to respect that right, and (3) an act or omission by the defendant that violates the plaintiff's right. A cause of action can arise from a single act or omission that violates multiple rights of the plaintiff. For example, a passenger injured in an accident may have causes of action for negligence under tort law, criminal negligence under penal law, and breach of contract for carriage. While a single act can create multiple causes of action, multiple acts can also combine to violate a single right and create a single cause of

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    The document discusses the rule against splitting a cause of action. It defines a cause of action as having three elements: (1) a right of the plaintiff, (2) a corresponding obligation of the defendant to respect that right, and (3) an act or omission by the defendant that violates the plaintiff's right. A cause of action can arise from a single act or omission that violates multiple rights of the plaintiff. For example, a passenger injured in an accident may have causes of action for negligence under tort law, criminal negligence under penal law, and breach of contract for carriage. While a single act can create multiple causes of action, multiple acts can also combine to violate a single right and create a single cause of

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views2 pages

    Cause of Action Rule Against Splitting

    Uploaded by

    jaypunzalan
    The document discusses the rule against splitting a cause of action. It defines a cause of action as having three elements: (1) a right of the plaintiff, (2) a corresponding obligation of the defendant to respect that right, and (3) an act or omission by the defendant that violates the plaintiff's right. A cause of action can arise from a single act or omission that violates multiple rights of the plaintiff. For example, a passenger injured in an accident may have causes of action for negligence under tort law, criminal negligence under penal law, and breach of contract for carriage. While a single act can create multiple causes of action, multiple acts can also combine to violate a single right and create a single cause of

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Cause of Action Rule Against Splitting

    The classical definition of a cause of action is that it is "a delict or wrong


    by which the rights of the plaintiff are violated by the defendant." Its
    elements may be generally stated to be

    (1) a right existing in favor of the plaintiff;

    (2) a corresponding obligation on the part of the defendant to respect


    such right; and

    (3) an act or omission of the defendant which constitutes a violation of


    the plaintiff's right which defendant had the duty to respect.

    For purposes, however, of the rule against splitting up of a cause of


    action, a clearer understanding can be achieved, if together with these
    elements, the right to relief is considered.

    In the last analysis, a cause of action is basically an act or an omission or


    several acts or omissions.

    A single act or omission can be violative of various rights at the same


    time, as when the act constitutes juridically a violation of several separate
    and distinct legal obligations.

    This happens, for example, when a passenger of a common carrier, such


    as a taxi, is injured in a collision thereof with another vehicle due to the
    negligence of the respective drivers of both vehicles. In such a case,
    several rights of the passenger are violated, inter alia,

    (1) the right to be safe from the negligent acts of either or both the
    drivers under the law on culpa acquiliana or quasi-delict;

    (2) the right to be safe from criminal negligence of the said drivers
    under the penal laws; and

    (3) the right to be safely conducted to his destination under the


    contract of carriage and the law covering the same, not counting
    anymore the provisions of Article 33 of the Civil Code.

    The violation of each of these rights is a cause of action in itself. Hence,


    such a passenger has at least three causes of action arising from the same
    act.

    On the other hand, it can happen also that several acts or omissions may
    violate only one right, in which case, there would be only one cause of
    action. Again the violation of a single right may give rise to more than one
    relief.

    In other words, for a single cause of action or violation of a right, the


    plaintiff may be entitled to several reliefs. It is the filing of separate
    complaints for these several reliefs that constitutes splitting up of the
    cause of action.

    This is what is prohibited by the rule.

    xxx
    PART I
    1997 RULES OF CIVIL PROCEDURE
    RULE 2
    CAUSE OF ACTION

    Section 1. Ordinary civil actions, basis of. — Every ordinary civil


    action must be based on a cause of action. (n)

    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)

    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)

    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)

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