This was once asked in the bar pertaining to Civil Procedure: Distinguish a cause of action from a right of action.
First the definition of both: A right of action is the right of the plaintiff to bring an action and to prosecute that action to final judgment. (Marquez vs. Varela, 92 Phil. 373) A cause of action is an act or omission by which a party violates a right of another.
Now the distinction: (If you are asked the same question in the exam or in the slim chance it will be asked in the bar again, skip the definition and go directly to the points of distinction.)
1) Cause of action is the delict or wrong committed by the defendant, whereas Right of action refers to the right of the plaintiff to institute the action;
2) Cause of action is created by substantive law, whereas Right of action is regulated by procedural law;
3) Right of action may be taken away by the running of statute of limitations, by estoppel or other circumstances which do not affect at all the cause of action.
For more info check DE GUZMAN, JR. vs. COURT OF APPEALS (192 SCRA 507)
Tags: Remedial Law
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