All I Know About Law

What is a Cause of Action? A cause of action is the act or omission by which a party violates the right of another.  What are the essential elements of a cause of action? A cause of action exist of the following essential elements are present: 1. A right in favor of the plaintiff by whatever means and under whatever law it arises; 2. An obligation on the part of the defendant to respect or not to violate such right; and 3. An act or omission on the part of such defendant which violates the right of the plaintiff or constituting a breach of obligation of the defendant to the plaintiff for which the latter may maintain an action for recovery.

     Traditional term given to the rules which prescribe the procedures for the protection and enforcement of all claims arising from the rights and duties created by law. (Riano)      That branch of law which prescribes the method of enforcing rights and obtaining redress for their invasion. (Bustos vs. Lucero) Source     The Rules of Court (ROC) do not originate from the legislature and cannot be called laws in the strict sense. However, since they are promulgated by authority of law, they have the force and effect of law, if not in conflict with the positive law.      The rule is subordinate to the statute and in case of conflict, the statute with prevail. (Riano citing Alvero vs. Dela Rosa) Applicability     Shall apply in all courts except otherwise provided by the SC.(Rule 1, Sec 2 Civ. Pro.) Prospectivity / Retroactivity     The ROC are not penal statutes and cannot give retroactive effects. (Bermejo vs. Barrios) However, they may be made applicable to actions pending and undete