intervene for the State in order to see to it that the evidence submitted is not fabricated. (6a, R18)
This refers to marital relations referred to in the Family Code: Annulment of marriage; Declaration of nullity of marriage; Legal Separation. And the policy of the State is to preserve the marriage and not encourage break-ups.
Now, in the absence of this provision, husband and wife quarrels and then they decide to separate. Wife will file a case for legal separation with the agreement that the husband will not answer. Being in default, there will be a judgement in default and in a month’s time marriage will be severed for the meantime. The provision then prohibits default in marital relations cases to preserve and uphold public policy.
Relate this provision of the rule to Articles 48 and 60 of the Family Code:
Family Code, Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment.
Family Code, Art. 60. No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. In any case, the court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.
Judgment by default for refusal to comply with the modes of discovery
The rule is that a default order and consequently a default judgment is triggered by the failure of the defending party to file the required answer (Sec. 3 Rule 9). By way of exception, a judgment by default may be rendered in the following cases despite an answer having been filed:
(a) If a party refuses to obey an order requiring him to comply with
the various modes of discovery (Sec. 3[c] Rule 29; or (b) If a party or officer or managing agent of a party willfully fails to appear before the officer who is to take deposition or a party fails to serve answers to interrogatories. (Sec. 5 Rule 29)
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Rule 10AMENDED AND SUPPLEMENTAL PLEADINGS Part I. AMENDMENTS
Sec. 1. Amendments in general. - Pleadings may be amended by 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. (1)
Pleadings may be amended by: 1) adding an allegation of a party 2) adding the name or substituting a party 3) striking out an allegation of a party; 4) striking out the name of a party;
5) correcting a mistake in the name of a party; and 6) correcting a mistake or inadequate allegation or
description in any other respect.
So you can amend by removing something, adding something, or changing something by substituting another word. You can amend by removing an entire paragraph, an entire sentence, a phrase, or a word. As a matter of fact, before reaching Rule 10, there are provisions where amendments have already been touched upon, one of which is Rule 1, Section 5:
Sec. 5. Commencement of action.- A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court.
Q: What is the policy of the law on amendments?
A: Section 1 says that the purpose of amendment is that the actual merits of the controversy may speedily be determined without regard to technicalities, and in the most expeditious and inexpensive manner. According to the SC, amendments to pleadings are favored and should be liberally allowed in order
(a) to determine every case as far as possible on its actual merits without regard to technicalities,
(b) to speed up the trial of cases, and
(c) to prevent unnecessary expenses. (Verzosa vs. Verzosa, L-25603, Nov. 27, 1968; Cese vs. GSIS, L-135814, Aug. 31, 1960)
EXAMPLE: The plaintiff files his complaint or the defendant files his answer and then later on he realizes that his cause of action is wrong or that his defense is wrong. He would like to change his complaint or change his answer. All he has to do is amend his complaint or answer. The court cannot stop him from changing his complaint or changing his answer because the purpose of litigation is: the real nature of controversy will be litigated in court. You cannot normally stop the party from ventilating his real cause of action or his real defense so that the rule is that amendments should be liberally allowed in the furtherance of justice and that the real merits of the case will come out in court. That is what you have to remember about concept of amendments and the policy of the rules on amendments.
TYPES OF AMENDMENTS: The following are the important points to remember here: FIRST, there are two types of amendment of pleadings under the rules:
1) An amendment as a matter of right; or
2) An amendment as a matter of judicial discretion SECOND, an amendment could be
1) a formal amendment; or 2) a substantial amendment
These are the same classification under the Rules on Criminal Procedure under Rule 110.
Amendment as a MATTER OF RIGHT; and Amendment as a MATTER OF JUDICIAL DISCRETION
AMENDMENT AS A MATTER OF RIGHT simply means that the party has the unconditional action or right to amend his pleading. The court has no right to prevent him from amending. The opposite party has no right to oppose the amendment. If the court refuses to admit the amended pleading such refusal is correctible by mandamus.
AMENDMENT AS A MATTER OF JUDICIAL DISCRETION simply means that the court may or may not allow the amendment. So the other party has the right to oppose. This is also known as amendment by leave of court.
AMENDMENT AS A MATTER OF RIGHT
Sec. 2. Amendments as a matter of right. - A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten (10) days after it is served. (2a)