Rule 10 - Amendments

Rule 10
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  Rule 10 AMENDED AND SUPPLEMENTAL PLEADINGS Part I. AMENDMENTS Sec. 1. Amendments in general . - Pleadings may be amended by adding orstriking out an allegation or the name of any party, or by correcting a mistakein the name of a party or a mistaken or inadequate allegation or description inany other respect, so that the actual merits of the controversy may speedily bedetermined, ithout regard to technicalities, and in the most e!peditious and ine!pensive manner. 1# What do you understand by amendment? The general meaning of amendment ischange. Now can we amend pleadings, change it? Yes. Q: How do you amend a pleading? A Well, any type of change ! you can add a word or a sentence or you stri e out anallegation or you add or stri e out a party# you correct a mista e in the name of a party orinade$uate allegation or description in any other respect. As a matter of fact, if youcorrect only one letter, that is already an amendment.%o you can amend by remo&ing something, adding something, or changing somethingby substituting another word. You can amend by remo&ing an entire paragraph, an entiresentence, a phrase, or a word. %o that is what amendment is all about. As a matter of fact, before reaching 'ule (), there are pro&isions where amendments ha&e already beentouched upon, one of which is 'ule (, %ection * Sec. $. Commencement of action.-  % civil action is commenced by the filing ofthe srcinal complaint in court. &f an additional defendant is impleaded in alater pleading, the action is commenced ith regard to him on the date of thefiling of such later pleading, irrespective of hether the motion for itsadmission, if necessary, is denied by the court. %o in other words, if I +le a complaint against A, then later on I will include anotherdefendant, the inclusion of an additional defendant party is an amendment. Q: Suppose I will fle a case against Jacues today! Janua y #! t$en one mont$% om today I will fle anot$e complaint to include an additional de%endant! Ti&la'($en is t$e case deemed commenced? A According to 'ule (, %ection *, as far as ac$ues is concerned, the originaldefendant, the case against him is commenced today. -ut as far as Ti la is concerned, theadditional defendant, the case is commenced not upon the +ling of the srcinal complaint,but on the date when   he is included in the amended complaint. %o, the amendment doesnot retroact to the date of the +ling of the srcinal action. Q: ($at is t$e policy o% t$e law on amendments? S$ould it )e encou aged o discou aged? I% a pa ty wants to amend $is complaint o answe ! s$ould t$ecou t )e li)e al in allowing t$e amendment o s$ould it est ict! as a gene al ule! and not allow t$e amendment? A %ection ( says that the purpose of amendment is that the actual merits of thecontro&ersy may speedily be determined without regard to technicalities, and in the mostepeditious and inepensi&e manner. According to the %/, amendments to pleadings arefa&ored and should be liberally allowed in order 0a1 to determine e&ery case as far aspossible on its actual merits without regard to technicalities, 0b1 to speed up the trial of cases, and 0c1 to pre&ent unnecessary epenses. 02er3osa &s. 2er3osa, 456*7)8, No&. 69,(:7;# /ese &s. <%I%, 45(8*;(=, Aug. 8(, (:7)1>A@P4> The plainti +les his complaint or the defendant +les his answer and thenlater on he reali3es that his cause of action is wrong or that his defense is wrong. Be(76  would li e to change his complaint or change his answer. All he has to do is amend hiscomplaint or answer. The court cannot stop him from changing his complaint or changinghis answer because the purpose of litigation is the real nature of contro&ersy will belitigated in court. You cannot normally stop the party from &entilating his real cause of action or his real defense so that the rule is that amendments should be liberally allowedin the furtherance of Custice and that the real merits of the case will come out in court. That is what you ha&e to remember about concept of amendments and the policy of therules on amendments. T*+ES ,- AMENDMENTS:  The following are the important points to remember hereDI'%T, there are two types of amendment of pleadings under the rules(.1An amendment as a matter of right# or6.1An amendment as a matter of Cudicial discretion%>/ENF, an amendment could be(.1a formal amendment# or6.1a substantial amendment These are the same classi+cation under the 'ules on /riminal Procedure under 'ule(().  Amendment as a MATTER OF RIGHT; and  Amendment as a MATTER OF JUDICIAL DISCRETION A@>NF@>NT A% A @ATT>' ED 'I<BT simply means that the party has theunconditional action or right to amend his pleading. The court has no right to pre&ent himfrom amending. The opposite party has no right to oppose the amendment.A@>NF@>NT A% A @ATT>' ED GFI/IA4 FI%/'>TIEN simply means that the court mayor may not allow the amendment. %o the other party has the right to oppose. AMENDMENT AS A MATTE. ,- .I/HTQ: ($en is amendment a matte o% ig$t? A %ection 6 Sec. '. Amendments as a matter of right.  - % party may amend his pleadingonce as a matter of right at any time before a responsive pleading is served or,in the case of a reply, at any time ithin ten 10# days after it is served. 'a# P'E-4>@ I am the plainti, I +le a complaint. I want to amend my complaint. When isthe amendment a matter of right?A At any time a responsi&e pleading is ser&ed to the complaint. @eaning, at any timebefore the defendant has +led his answer, the plainti may change his complaint at anytime. Be may change it in any manner, substantially or formally. Q: How a)out t$e de%endant? Suppose $e wants to c$ange $is answe ! w$enis $is ig$t a)solute o as a matte o% %act ig$t? A At any time before a reply by the plainti is +led or before the epiration of theperiod to +le a reply because a reply may or may be not be +led. Q: How a)out i% you want to amend you eply? *ou cannot say )e%o e a esponsi0e pleading is se 0ed )ecause t$e e is no mo e esponsi0e pleading tot$e eply' (78  A %o under %ection 6, the plainti can amend his reply at any time within ten 0()1days after it is ser&ed. Q: Is t$e e any ot$e instance w$en amendment is a matte o% ig$t e0en i% t$e e is al eady an answe o e0en in t$e middle o% t$e t ial t$e pa ty can stillc$ange $is pleading and it seems t$at t$e cou t s$ould allow it? A Yes, there is a second instance, when the amendment is DE'@A4 IN NATG'> asfound in %ection = Sec. (. Formal amendments . - % defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by thecourt at any stage of the action, at its initiative or on motion, provided no pre)udice is caused thereby to the adverse party. (a# When the amendment is fairly formal, it can be done anytime. As a matter of fact itcan be summarily corrected by the court at any stage of the action, upon motion or e&enwithout motion, the court will order the amendment. -ecause anyway that is a harmlesscorrection.NET> /hange of amount of damages is only formal because there is no change in thecause of action.%G@@A'Y Amendment as a matter of right(.1-efore an answer is +led 0/omplaint1#6.1-efore a reply is +led or before the period for +ling a reply epires 0Answer1#8.1Any time within () days after it is ser&ed 0'eply1# and=.1Dormal amendment AMENDMENT AS A MATTE. ,- J1DI2IA3 DIS2.ETI,N %o we will now go to substantial amendments which are a matter of Cudicial discretion,that is %ection 8 Sec. *. Amendments by leave of court . - +!cept as provided in the ne!t preceding section, substantial amendments may be made only upon leave of court.ut such leave may be refused if it appears to the court that the motion as made ith intent to delay. rders of the court upon the matters provided in thissection shall be made upon motion filed in court, and after notice to theadverse party, and an opportunity to be heard. *a# Q: ($en is an amendment a matte o% 4udicial disc etion? A The amendment must be substantial and the ad&erse party has already +led andser&ed a copy of his responsi&e pleading.P'E-4>@ I will +le my complaint against you and you will +le your answer. After youha&e +led your answer, I want to amend my complaint and my amendments is not merelyformal but something substantial, li e my cause of action will not be the same anymore. Q: 2an it still )e done? A Y>%, -GT this time it is a matter of Cudicial discretion. It must be with lea&e of court.%o I will ha&e to +le a motion in court to allow or admit the proposed amended complaint.I will furnish a copy of the motion to my opponent together with a copy of the amendedcomplaint and the other party has the right to oppose the amendment. %o the court willhear and decide whether to allow the amendment or not. Q: Assuming t$at t$e amendment is a matte o% 4udicial disc etion! $ows$ould t$e cou t esol0e it? Assuming t$at t$e a gument is 56756 and t$e cou tis deli)e ating w$et$e o not to allow t$e amendment' (7=  A -ased on established Curisprudence, the court should always allow the amendmentbecause of the liberal policy of the rules. Amendments of pleadings should be liberallyallowed in order that the real merits of the case can be &entilated in court without regardto technicalities. %o the court will always lean on allowing a pleading to be amended. That is the liberal policy. 3IMITATI,NS T, THE 3I8E.A3 +,3I2* IN AMENDMENTS T, +3EADIN/SQ: ($at a e t$e limitations to t$is li)e al policy in allowing amendments?Meaning! w$en can t$e cou t e%use to allow t$e amendment and w$en can you0alidly oppose it? A The following(.1when the amendment is to delay the action 0%ection 81#6.1when the amendment is for the purpose of ma ing the complaint confer Curisdiction upon the court 0'osario &s. /arangdang, :7 Phil. ;=*1#8.1when the amendment is for the purpose of curing a premature or non5eistingcause of action 04impangco &s. @ercado, () Phil. *);# Wong &s. Yatco, :: Phil.9:(1 1.) WHEN THE AMENDMENT IS TO DELAY THE ACTION  The second sentence of %ection 8 says that such lea&e may be refused if it appearsthat the motion was made with intent to delay. @eaning, the motion to amend is dilatory. Example:  a case is +led against the defendant based on a cause of action then trialHtrialHthen the case is already about to end. Then the plainti says he wants to amend hiscomplaint and change his cause of action. I dont thin the court will allow it. Thats toomuch.Er, the defendant will say that he would li e to change his defense. I dont thin thecourt will agree with that situation because it appears that the motion to amend is alreadydilatory. Why did it ta e you one year to reali3e that your cause of action or your defenseis wrong? %o that is a limitation where the court may refuse to apply the principles onliberality. The liberal policy becomes wea er or is wor ing against you the longer youdelay your amendment because it might already be interpreted to be dilatory.Now if you will notice, there is another limitation found in the old rules that is gonehere, and that is  That the amendment will not be allowed if it will SUBSTANTIALLY alter the cause of action or defense 0Torres &s. Tomacru3, =: Phil. :(81 The implication here isthat, since amendment is fa&ored, e&en if you alter you cause of action or defense, youshould not pre&ent the other party pro&ided that it is not dilatory. And the de+nition of thislimitation is a con+rmation of what the %/ said in some cases li e the case of  MA.INI7/,N9A3ES s ' 3,,D (=; %/'A =*6B>4F JWhile the 'ules of /ourt authori3e the courts to disallow amendmentof pleadings when it appears that the same is made to delay an action or thatthe cause of action or defense is substantially altered thereby, the rule is notabsolute.K It is discretionary.J/ourts are not precluded from allowing amendments of pleadings e&en if thesame will substantially change the cause of action or defense pro&ided that suchamendments do not result in a substantial inCury to the ad&erse party. This is dueto the permissi&e character of said rule !which proides: ma# refuse$% . In fact,this /ourt has ruled that amendments to pleadings are fa&ored and should beliberally allowed in the furtherance of Custice.K That is why these are enough reason to delete that limitation. -ut if you are going tochange your cause of action or defense when the trial is almost o&er, hindi na puwede(7*
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