cause of action must exist at the time of the commencement of action
2. Or the cause of action have already accrued but was imperfectly stated
This situation is curable by amendment - Some cases:
1. Mere correction of a defect in the allegation of the complaint because as it then stood, the original complaint states no cause of action, is permitted (Tamayo v. San Miguel Brewery)
2. Amendment to allege earnest efforts to compromise among members of the same family was allowed (Versoza v. Versoza)
- Remember that where the plaintiff has no valid cause of action at the time of the filing of the complaint, this defect cannot be cured or remedied by the acquisition or accrual of one while the action is still pending
An amendment which seeks to set up a cause of action after it had accrued is NOT permissible (Surigao Mines Exploration v. Harris)
Illustrative Cases:
1. Amendment to include prescription was allowed even after case is set for trial but before trial (Castillo v.
Galvan)
2. A motion to amend answer long after pre-trial was terminated and the case placed in the pre-trial calendar, to include the defenses of prescription, estoppel, laches, and fraud was denied (Gulang v. Nodayag)
3. An amendment from sole proprietorship to name of owner is a mere formal amendment (Juasing Hardware v.
Mendoza)
4. Plaintiff may amend the complaint to place it out of prescription based on an erroneous allegation of fact (Malayan Insurance v. Delgado Shipping Agencies) 5. Amendment to include compulsory counterclaim is
allowed (Uy Hoo & Co. Inc. v. Tan)
6. Amendment to question capacity to sue even after resting by both parties discretionary (International Films v. Lyric
Film Exchange)
7. Prayer for reinstatement and additional damages in an amended answer filed 6 years from original answer is not barred by laches or prescription – as this allegation is merely supplemented and amplified fact of termination (Panay Electric Co. v. CA)
8. Even if amended defense will alter theory of defense, if it will negate defendant’s liability, amendment is permissible (R and B Surety and Insurance v. Savellano)
9. The court may allow amendment of pleadings even if the cause of action or defense is substantially altered if no substantial injury will be caused thereby (Marini
Gonzales v. Lood)
10. An amendment eliminating claims of ownership and limiting the same to the issue of prior possession does not substantially alter the theory of the complaint (Espejo v.
Malate)
SECTION 4 - Formal amendments.—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. (4a)
Breakdown of Provision
1. The following may be summarily corrected by the court at any stage of the action:
a. A defect in the designation of the parties; and b. Other clearly clerical or typographical errors 2. At its own initiative or on motion
3. Provided no prejudice is caused thereby to the adverse party
SECTION 5 - Amendment 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. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made. (5a)
Applicability of this Section
- This is an instance wherein the court acquires jurisdiction over the issues even if the same are not alleged in the original pleadings of the parties
Where the trial of said issues is with the express or implied consent of the parties
- This rule is premised on the fact that evidence had been introduced on an issue not raised by the pleadings without any objection by the adverse party
- It does not apply when the case was decided on a stipulation of facts in which case the pleadings are not deemed amended to conform to the evidence (MWSS v.
CA)
What this rule contemplates
- This rule allows a complaint which states no cause of action to be cured either by:
1. Evidence presented without objection or
2. In the event of an objection sustained by the court, by an amendment of the complaint with leave of court - It also allows the admission of evidence:
1. On a defense not raised in a motion or answer if no objection is made thereto;
2. In the event of such objection, court may allow amendment of the answer in order to raise said defense
- Remember, however, that where the plaintiff has no valid cause of action at the time of the filing of the complaint, this defect cannot be cured or remedied by the acquisition or accrual of one while the action is pending
This Section Envisions Two Scenarios 1. When evidence is not objected to
When issues not raised by pleadings are tried by express or implied consent of the parties, they shall be treated in all respected as if they had been raised in the pleadings
This is premised on the fact that evidence has been introduced on an issue not raised by the pleadings without any objection thereto raised by parties Such amendments of pleadings as may be necessary
to cause them to conform to the evidence and raise these issues may be made upon motion of any party at any time, even after judgment
But failure to amend does not affect the result of the trial of those issues
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2. When evidence is objected to
Objection on the ground that it is not within the issues made by the pleadings
Court may allow the pleadings to be amended and shall do so freely
When the presentation of the merits of the action will be subserved
As safeguard, the court may grant a continuance to enable the objecting party to meet such evidence
AS TO THE FIRST SCENARIO
There is an implied consent even if no motion is filed and no amendment is ordered
- The court may just as well render a valid judgment on the issues thus proved
- Appellate courts may treat the pleadings as amended to conform to the evidence although pleadings were not actually amended
Relevant Rules
1. The complaint must contain a statement of all the facts constituting the plaintiff’s cause of action
If it does not, it is subject to demurrer
2. If the defendant permits evidence to be introduced without objection, which supplies the necessary allegations of a defective complaint, then this evidence has the effect of curing the defects of such complaint
A demurrer thereafter is inadmissible
Court is required to render judgment in any particular case, giving such relief as consistent with the case made by the pleadings and the evidence
AS TO THE SECOND SCENARIO There must be an amendment
- Amendment before accepting evidence (Co Tiam Co v.
Diaz)
- Purpose of the amendment after judgment is to support the judgment or to make the record show more perfectly what was really tried and decided
An amendment to pleadings after judgment which would nullify the judgment and begin a new contest is not authorized
- Objection to evidence not alleged must be supported by affidavit of merits to show that he has meritorious defense of which he may be deprived if the amendment to accommodate the evidence be allowed, not merely on technical grounds (Chua Kiong v. Whitaker)
Two Conflicting Rulings
1. One line of cases holds that where the evidence sustains an award in excess of that claimed in the complaint, but the plaintiff failed to amend the prayer of its complaint as to the amount of damages to conform to the evidence, the amount demanded in the complaint should be the measure of damages (Malayan Insurance Co. Inc. v. Manila Port
Services)
2. There are cases where the SC has held that even without such amendment to conform to the evidence, the amount proved at trial may validly be awarded (Tuazon v.
Bolanos)
Principles in Jurisprudence
1. The rule on amendment need not be applied rigidly, particularly where no surprise or prejudice is caused the objecting party (Co Tiamco v. Diaz)
2. Where there is a variance in the defendant’s pleadings and the evidence adduced at trial, the court may treat the pleading as amended to conform to the evidence (National
Power Corp. v. CA)
On Pre-Trial
- The rules on pre-trial do not prohibit a subsequent amendment of the complaint after pre-trial has been issued
- To forbid allowance of a succeeding amendment would render nugatory the rules on amendment after the case had been set for hearing
- Such amendments may even be allowed at any stage of the action if only to insure the actual merits of the controversy may speedily be determined without regard to technicalities
SECTION 6 - Supplemental pleadings. — Upon motion of a party
the court may, upon reasonable notice and upon such terms as’ are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading. (6a)
Breakdown of Provision
A. Court may permit a party to serve a supplemental pleading 1. Upon motion of a party
2. Upon reasonable notice 3. Upon such terms as just
B. Supplemental pleading sets forth transactions, occurrences, events which have happened since the date of the pleading sought to be supplemented
C. Adverse party may plead thereto within 10 days from notice of order admitting supplemental pleading
Supplemental Pleadings – those which aver facts occurring after the filing of the original pleadings and which are materials to the mature claims and/or defenses therein alleged
Distinctions between Supplemental Pleadings and Amended Pleadings
1. As to subject
a. Amended Pleadings – refer to the facts existing at time of filing of original pleading
b. Supplemental Pleadings – refer to those occurring after the filing of original pleading
2. As to effect
a. Amended Pleadings – supersedes the original b. Supplemental Pleadings – merely supplements 3. As to time
a. Amended Pleadings – original may be amended without leave of court before a responsive pleading is filed
b. Supplemental Pleadings – always needs a leave of court
4. As to form
a. Amended Pleadings – amendment must be appropriately marked
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Nature of a Supplemental Pleading
- Only serves to bolster or adds something to the primary pleading
- It exists side by side with the original - Does not replace that which it supplements
- Assumes that the original pleading is to stand and that issues joined with the original pleading remained an issue to be tried in the action
- A continuation of the complaint
- Usual office is to set up new facts which justify enlarge, or change the kind of relief with respect to the same subject matter as the controversy referred to in the original complaint
- It may be allowed to supply deficiencies or to raise issues in the pleadings but brought out during the pre-trial, but not on separate and distinct causes of action
- A supplemental complaint should supply only deficiencies in aid of an original complaint
Should contain only causes of action relevant and material to the plaintiff’s right and which help or aid the plaintiff’s right or defense
Must be based on matters arising subsequently to the original complaint related to the claim or defense presented therein, and founded on the same new cause of action
It cannot be used to try a new matter or new cause of action
Effect of Supplemental Complaint
- It relates back to the date of commencement of the action and is not barred by the statute of limitations
- Period of which expires after services of the original complaint but before service of the amendment
- It is the actual filing in court that controls Some Limitations
1. Claims or defenses which have matured after the filing of the original pleadings cannot be averred in a supplemental pleading (it may be the subject of an amendment) 2. Supplemental pleadings are not allowed on separate and
distinct causes of action
3. The admission or non-admission of a supplemental pleading is not a matter of right but is discretionary on the court
Effect of Failure to Answer
- Failure to answer a supplemental complaint when ordered by the court is ground for default
- But where the basic and principal issue which had been previously traversed and joined by the answer remained, there is no necessity to require defendant to plead further to the supplemental complaint and there is no legal ground to declare defendant in default for such failure to plead Note Sec. 7, Rule 11
- A supplemental complaint may be answered within 10 days from notice of the order admitting the same
- Unless a different period is fixe by the court
- The answer to the complaint shall serve as the answer to a supplemental complaint if no new supplemental answer is filed
SECTION 7 - Filing of amended pleadings.— When any pleading is
amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed. (7a)
Note: Amendments to a pleading should be indicated in the amended pleading, as by underscoring, enclosing them in quotation marks, putting them in capital letters, and so forth, as would make them readily evident
The Amended Pleading SUPERSEDES the Original Pleading
- Original pleading is deemed withdrawn and no longer constitutes part of the record
- However, the filing of the amended pleading does not retroact to the date of the filing of the original
Hence, the statute of limitations runs until the filing of the amendment (Ruymann, et al. v. Dir. Of Lands) But an amendment which merely supplements and
amplifies facts originally alleged in the complaint relates back to the date of the commencement of the action and is not barred by the statute of limitations (Panay Electric Co. v. CA)
- It is the actual filing in the court that controls, and not the date of the formal admission of the amended pleading Specific Rules on Prescription
- Where the original complaint states a cause of action but does it imperfectly, and afterwards an amended complaint is filed correcting the defect, the plea of prescription will relate to the time of the filing of the original complaint (Pangasinan Trans. Co. v. Phil Farming Co. Ltd.) - But such rule will not apply to the party who was
impleaded for the first time in the amended complaint which was filed after the period of prescription had already elapsed; hence, the amended complaint should be dismissed (Aetna Insurance Co. v. Luzon Stevedoring) Liberal Application
- The rule is that amendments should be liberally allowed (Cese v. GSIS)
- This liberality at the outset of the action decreases as the case moves to its termination (Salvador v. Frio)
- Amendments to pleadings may be permitted even for the first time on appeal, if, without changing the cause of action or causing unfair prejudice to the other party, the purpose is to:
1. Correct a defect of party plaintiff, as where it is merely to include the husband of the plaintiff (Cuyugan v. Dizon)
2. Substitute the name of the real party in interest (Polacio v. Fely Trans Co.)
SECTION 8 - Effect of amended pleadings.— 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. (n)
Effect of an Amended Pleading
1. An amended pleading supersedes the pleading that it amends
2. Admissions in the superseded pleading can still be received in evidence against the pleader
3. Claims or defenses alleged therein but not incorporated or reiterated in the amended pleading are deemed waived According to Justice Moran
- Pleadings superseded or amended disappear from the record as judicial admissions
- Any statement contained therein may be considered as an extrajudicial admission