7. Amended and Supplemental Pleadings (Rule 10)

5. Amended and Supplemental Pleadings (RULE 10)

a. Amendment as a matter of right b. Amendments by leave of court c. Formal amendment d. Substantive amendment e. Effect of amended pleading f. No amendments necessary to conform to or authorize presentation of evidence g. Supplemental pleadings

Amendment

Adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner (Rule 10, Sec. 1)

When Pleading Superseded or Amended

Pleadings that are superseded or amended “disappear” from the record and any admissions made in such pleadings cease to be judicial admissions. In order that any statement contained therein may be considered as evidence, a party should formally offer the superseded or amended pleading in evidence. (Ching v. CA, G.R. No. 110844, 2000)

Amendments, in General

Proper when there is an event that was not alleged in the pleadings due to inadvertence, oversight, etc., but happened before its filing.

Pleadings MAY be Amended By:

• Adding or striking out an allegation of a party;
• Adding or striking out the name of a party;
• Correcting a mistake in the name of a party; and
• Correcting a mistake or inadequate allegation or description in any other respect. (Rule 10, Sec. 1)

Compared to Rule 129, Sec. 4

Section 4 of Rule 129 contains the rule prohibiting a party from contradicting his judicial admission unless it is shown that such admission is made through palpable mistake or no such admission is made.

Matters involving the amendment of pleadings are primarily governed by the pertinent provisions of Rule10 and not by Section 4 of Rule 129 of the Rule of Court. Hence, allegations (and admissions) in a pleading—even if not shown to be made through "palpable mistake"—can still be corrected or amended provided that the amendment is sanctioned under Rule 10 of the Rules of Court. (Yujuico v. United Resources Asset Management, G.R. No. 211113, June 29, 2015)

• AMENDMENT AS A MATTER OF RIGHT

A party may amend his pleading ONCE as a matter of right. Subsequent amendments must be WITH LEAVE of court.

It may be exercised at ANY time BEFORE a responsive pleading is SERVED. In the case of a reply it may be amended at any time within ten (10) calendar days after it is SERVED. (Rule 10, Sec. 2)

Pleader has a right to amend his complaint before a responsive pleading is served even if it is to correct a jurisdictional defect.

When Amendment is a Matter of Right

• A COMPLAINT may be amended before an answer is served (regardless of whether a new cause of action or change in theory is introduced – thus, MAY be substantial)
• An ANSWER may be amended before a reply is served upon the defendant
• A REPLY may be amended any time within ten (10) days after it is served;

A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party. (Rule 10, Sec. 4)

Section 2 Rule 10 refers to an amendment made before the trial court and NOT to amendments before the Court of Appeals. The Court of Appeals is vested with jurisdiction to admit or deny amended petitions filed before it. (Navarro v. Vda De Taroma, G.R. No. 160214, 2005)

If a motion to dismiss is filed, an amendment to the complaint would still be a matter of right during the pendency of the motion to dismiss. Such a motion is NOT a responsive pleading. (Paeste v. Jaurigue, G.R. No. L-5711, 1953).

Even if the motion to dismiss is granted by the court, the plaintiff may still amend the complaint as a matter of right before such dismissal becomes final.

Before the filing of any responsive pleading, a party has the absolute right to amend his pleading, regardless of whether a new cause of action or change in theory is introduced. A motion to dismiss is not the responsive pleading contemplated by the Rule. (Bautista v. Maya-Maya Cottages, G.R. No. 148361, 2005)

The plaintiff may amend his complaint once as a matter of right, i.e. without leave of court, before any responsive pleading is filed or served. Responsive pleadings are those which seek affirmative relief and/or set up defenses, like an answer. A motion to dismiss is not a responsive pleading for purposes of Section 2 of Rule 10. (Marcos-Araneta v. CA, G.R. No. 154096, 2008)

It is erroneous for a court to refuse an amendment exercised as a matter of right and this error may be corrected by mandamus.

Leave of Court is required

• If the amendment is substantial; and
• A responsive pleading had already been served.

Amendment by Leave of Court may NOT be Allowed When

• When cause of action, defense or theory of the case is changed;
• Amendment is intended to confer jurisdiction to the court;
• Amendment to cure a premature or nonexisting cause of action; and
• Amendment for purposes of delay.

After a responsive pleading has been served, a complaint cannot be amended to confer jurisdiction on the court in which it is filed, if the cause of action originally set forth was not within the court's jurisdiction. (Campos Rueda Corporation v. Bautista, G.R. No. L-18453, 1962)

The defect of lack of cause of action at the commencement of the suit cannot be cured by the accrual of a cause of action during the pendency of the case. There must be some cause of action at the commencement of the suit. (Swagman Hotels & Travel v. CA, G.R. No. 161135. April 8, 2005)

Test to Determine Whether a Different Cause of Action is Introduced by Amendments

Whether the defendant shall be required to answer for a liability or legal obligation wholly different from that which was stated in the original complaint. An amendment will not be considered as stating a new cause of action if the facts alleged in the amended complaint (or counterclaim) show substantially the same wrong with respect to the same transaction, or if what are alleged refer to the same matter but are more fully and differently stated, or where averments which were implied are made in expressed terms, and the subject of the controversy or the liability sought to be enforced remains the same. (Rubio v. Mariano, G.R. No. L-30404, 1973)

• FORMAL AMENDMENT

A defect in the designation of the parties and other clearly CLERICAL or TYPOGRAPHICAL errors may be summarily corrected by the court at ANY stage of the action, at its initiative or on motion, provided so prejudice is caused thereby to the adverse party. (Rule 10, Sec. 4)

• AMENDMENTS TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE

Section 5. No amendment necessary to conform to or authorize presentation of evidence. — When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. No amendment of such pleadings deemed amended is necessary to cause them to conform to the evidence. (5a)

• SUPPLEMENTAL PLEADINGS

SUPPLEMENTAL PLEADINGS

Set forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented.

The cause of action stated in the supplemental pleading is thus the SAME as that stated in the original. The supplemental pleading is only a CONTINUATION of the primary pleading as it only serves to bolster or add something to it.

The adverse party MAY plead thereto within ten (10) days from notice of the order admitting the supplemental pleading. Thus, it is NOT mandatory for an answer to be filed to a supplemental complaint.

Additional filing fees are due to a supplemental complaint and it is not for the party or the trial court to waive such payment. Failure to pay filing fees for supplemental complaint is fatal only for the supplemental complaint. The original complaint is not affected. (Do-All Metals Industries Inc., v. Security Bank, G.R. No. 176339, 2011)

Filing of Amended Pleadings

When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by the appropriate marks, shall be filed.

• EFFECT OF AMENDED PLEADING

An amended pleading supersedes the pleading that it amends.

However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.

The original complaint is deemed superseded and abandoned by the amendatory complaint only if the latter introduces a new or different cause of action. (Verzosa v. CA, G.R. No. 119511, 1998)

Effect of Amendments in Relation to Statute of Limitations

An amendment which merely supplements and amplifies the facts originally alleged relates back to the date of the commencement of the action and is not barred by the statute of limitations, the period of which expires after service of the original complaint but before service of amendment. It is the actual filing in court that controls and not the date of the formal admission of the amended pleading. (Verzosa v. CA, G.R. No. 119511, 1998)

Admissions in Original Pleadings

Admissions made in the original pleadings are considered as EXTRAJUDICIAL admissions. However, admissions in superseded pleadings may be received in evidence against the pleader as long as they are formally offered in evidence. (Rule 10, Sec. 8)

Effect of Amendment of Complaint on the Requisite of Service of Summons

If new causes of action are alleged in the amended complaint filed BEFORE the defendant has appeared in court, another summons must be served on the defendant with the amended complaint.

However, if the defendants have ALREADY APPEARED before the court by virtue of summons in the original complaint (e.g., by filing an entry of appearance or motion for extension of time to file a responsive pleading), the amended complaint may be served upon them without need of another summons EVEN IF new causes of action are alleged.

ANSWER TO AMENDED COMPLAINT

• Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within thirty (30) days after being served with a copy thereof.
• Where filing is NOT a matter of right, the defendant shall answer the amended complaint within fifteen (15) days from notice of the Order admitting the same. An answer earlier filed may serve as the answer to the amended complaint, if no new answer is filed.

This rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.)- party complaint, and amended complaint-in-intervention.

ANSWER TO SUPPLEMENTAL COMPLAINT

A supplemental complaint may be answered within twenty (20) calendar days from notice of the order admitting the same, unless a different period is fixed by the court.

The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed.