Philippine Bar review · Question

Practice question: Cause of Action (Rule 2)

Multiple Choice Easy

Practice question

When must the asserted cause ordinarily exist for commencement of the ordinary civil action?
  1. Only on the date judgment is announced.
  2. At commencement, rather than arising only during its pendency.
  3. Only when the appeal is decided.
  4. At any future date chosen after suit.
  5. No existing violation is ever needed.

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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