Philippine Bar review · Question

Practice question: Cause of Action (Rule 2)

Multiple Choice Hard

Practice question

A complaint imperfectly describes an already existing breach; another complaint concerns no breach until months after filing. Must the two situations be treated as identical amendment problems?
  1. Yes; every missing cause is only a typographical defect.
  2. No; defective pleading of an existing cause differs from absence of any cause at commencement.
  3. Yes; any future event automatically existed at filing.
  4. Yes; an amended caption necessarily creates an earlier violation.
  5. Yes; actual accrual is irrelevant under Rule 2.

Legal references

  • Swagman Hotels and Travel, Inc. v. Court of Appeals, G.R. No. 161135, April 8, 2005, main decision, existing breach and cause at commencement: https://lawphil.net/judjuris/juri2005/apr2005/gr_161135_2005.html
  • 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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