The outright dismissal of the said complaint should be ordered, in pursuant to Sec. 12 of the Revised Rules of Court, which clearly states –
“Referral for conciliations. – Cases requiring referral for conciliation, where there is no showing of compliance with such requirement, shall be dismissed without prejudiced, and may be revived only after that requirement shall have been complied with.” (Emphasis supplied).
C: NO CAUSE OF ACTION
A cause of action is an act or omission of one party in violation of the legal right of the other which cause the later injury.
The essential elements of a cause of action are the following (1) the existence of a legal right of the plaintiff; (2) a correlative legal duty of the defendant to respect one’s right ; and (3) an act or omission of the defendant in violation of the plaintiff’s right.
In the case at bar, respondents, did not violate any rights of the complainants, as they are all declared qualified to joint the CAR program and have been admitted with the said program. And identified as farmer-beneficiaries (FB).
Hence, all element of a cause of action is not present in this case warranting the dismissal thereof.
