Civ Pro - Rule 10-11 (Amendments, Periods for Pleadings)) Flashcards
How pleadings are amended?
by adding or striking out an ALLEGATION
by adding or striking out the NAME OF THE PARTY
by correcting a MISTAKE in the NAME of the party
by correcting the MISTAKEN or INADEQUATE ALLEGATION
by correcting the MISTAKEN or INADEQUATE DESCRIPTINO IN ANY OTHER RESPECT
What are the specific timeframes outlined in the Rules of Court for parties to exercise their right to amend pleadings as a matter of right,
party has the right to amend his pleading provided that;
(a) as a matter of right pleading is amended only once
(b) it is amended before a responsive pleading is served
suppose that a responsive pleading is served against Mr. A and he needs to amend his pleading, what are his options or remedies?
he may file a leave of court to amend his pleading
What is the process how the plaintiff and defendant can amend their pleadings?
a party may amend their pleading provided that;
(a) a responsive pleading from the other party has not been served
i. no ~answer from defn~ then Plaintiff can amend their complaint
ii. no ~reply from petn.~ then Def’n can amend their answer
(b) it is within 10 calendar days from the service of reply a plantiff can amend
Suppose that an amendment has already been done by the party but they realized that they need to further amend. Are they without options? Can they amend more than once?
Yes, they can still amend provided that they have leave of court even when a responsive pleading has not been served.
suppose that Jaurigue filed a motion to dismiss against his complaint from Paeste, can Paeste the Plaintiff still amend his pleading?
Yes, in the case of Paeste v. Jaurigue. One still have the matter of right to amend their pleading SINCE a motion to dismiss is NOT a responsive pleading
When can the court refuse to grant leave of court on a substantial amendment?
in section 3 of rule 10, it provides that if it appears to the court that substantial amendments are meant to:
(a) delay proceedings
(b) confer upon the court jurisdiction
(c) pleading stated no cause of action from the beginning which could be amended
then the court may refuse to grant LoC
Illustrate by way of example how insufficiency of a cause of action OR defect in the complaint is cured by evidence presented during trial without objection
When a guarantor, in an action to collect a sum of money from the debtor, fails to allege that they had paid the creditor in behalf of the debtor.
During proceedings, evidence is offered on the fact of payment without objection from debtor, the insufficiency of a cause of action OR the defect in the complaint is now CURED.
The plaintiff may, if he desires, amend his complaint to match/conform the evidence
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Philippine Export & Foreign Loan Guarantee Corporation v Philippine Infrastructures
After the expressed/implied consent of the parties on issues not raised in pleadings and thereby be treated as if they were raised in the pleading, what happens when pleading is NOT amended as to conform with the evidence made during trial w/o objection?
In spite non-conformity of the pleading, through the implied amendment, judgement will not be barred because issues will be treated as if they were raised in the pleadings
(Sec 5)
May a complaint that has no cause of action at the
time it was filed, be cured by the accrual of a cause of action
during the pendency of the case?
It depends.
[yes]
It may be cured provided that the cause of action OR right of action existed at the time of filing of the defective complaint
[no]
In the case of SH&TI v CA, the promissory notes became due during the pendency of the case and NOT before the case OR at the time of filing of the case
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[yes] - Judge Davide
[no] - Swagman Hotels and Travel Inc. v. CA
Provide by way of example how an amendment correcting a jurisdictional defect BEFORE a responsive pleading is served
Gumabay filed an action of forcible entry against Baralin in the RTC.
Baralin motioned to dismiss on the ground of RTC not having JD over forcible entry
Without waiting for the resolution of the motion to dismiss, Gumabay filed an amended complaint which transformed original allegations from ‘forcible entry’ to “quieting of title”
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Gumabay v Baralin
what is the effect of amendment on admissions made in the original pleading?
the original (superseded) pleading’s admission will now be considered as extra-judicial admission
whereas the amended pleading will now be judicial admissions in addition to the party’s current & operative claims or defenses
the original pleading may be used by the opposing party against the pleading party provided that it is offered in evidence.
claims or defenses not carried over to the amended pleading will be considered waived
Section 8, Rule 10
When are summons required and not required after a complaint is amended?
new summons for the amended complaint are to be served when the person has not yet appeared in court
It is not required when the court has acquired JD over the person of the defendant or when the person has already appeared in court even with new causes of actions are alleged
What is a supplemental pleading? (s6)
SP sets forth transactions, occurrences, and events that happened after the filing of the complaint
It must be made with LoC
Cause of action in a supplemental pleading
when CoA of a SP is different to the complaint’s CoA, the court should not admit the SP
