Civil Procedure: Amended and Supplemental Pleadings

Amended and Supplemental Pleadings (Rule 10 Amendment of the Pleadings)

Definition:
1. Amendment is an act of adding, changing, substituting, or omitting something from a pleading, or instrument.
2. Amendment is the correction of an error committed in any process, pleading, or proceeding law, or in equity, and which is done either as of course, or by the consent of parties, or upon motion to the court in which the proceeding is pending
Kinds of amendments:(Ma,Ju,Le,S,E,F)
1. Amendment as a Matter of right
  1. 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.
    1. A party may amend his pleading once as a matter of right at any time:
      1. Before a responsive pleading is served; or
      2. In case of a reply, at any time within 10 days after it is served.
    2. Motion to Dismiss is not a Responsive Motion
      1. Amendment as a matter of right is still available even if the Motion is Filed.
      2. Amendment as a matter of right is still available even if the Motion is submitted for decision.
      3. Amendment as a matter of right is still available even if the Order of Dismissal has been issued by the court provided it is not yet final.
    3. Remedy in case the Denial of the Motion to Amend as a matter of right:
      1. the proper remedy is to file a Petition for Mandamus under Sec 3, Rule 65, since it is a ministerial duty on the party of the court to allow amendment on the pleading before the filing of a responsive pleading.
2. Amendment by Leave Of court
  1. Sec 3. Amendments by leave of court. – Except as provided in the next preceding section substantial amendments may be made upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. Orders of the court upon the matters provided in this Section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard.
  2. Can the court refuse to grand the leave?
    1. Yes, such leave may be refused if it appears to the court that the motion was made with intent to delay.
  3. Requirements for the allowance of leave of court. Orders of the court upon the matters provided in this section shall be made upon:
    1. A motion filed in court
    2. After notice to the adverse party; and
    3. An opportunity to be heard.
  4. Amendment with leave of court shall be applied with liberality by reason of public policy.
  5. Limitation on the grant of amendment by leave of court
    1. Subject only to the limitations that the amendments should not substantially change the cause of action or alter the theory of the case; or it was made to delay the action.
    2. Even if the amendment substantially alters the cause of action or defense, such amendment could still be allowed when it sought to serve the highest interest of substantial justice; prevent delay; and secure a just, speedy, and inexpensive disposition of action and proceedings.
  6. Remedy in the denial of the motion for leave to amend:
    1. Petion for Certiorari under Rule 65, since the order denying the motion is merely discretionary and for being interlocutory which is not appealable under Sec 1(b) of Rule 41, and the denial is tainted with grave abuse of discretion amounting to lack or in excess of jurisdiction.
3. Substantial Amendment
  1. It is a kind of amendment which changes the plaintiff’s cause of action or adding new parties, and is technically a new complaint
4. Amendment as a to confer Jurisdiction
  1. While it is a basic jurisprudential principle that an amendment cannot be allowed when the court has no jurisdiction over the original complaint and the purpose of the amendment is to confer jurisdiction on the court. (Siaco vs. CA, G.R. No. 132753, February 15, 1999)
5. Formal Amendment
  1. Se. 4 Formal Amendment – A defectr 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.
    1. What are covered by formal amendment – Aformal amendment can be made in the pleadings involving:
      1. A defect in the designation of the parties;
      2. Other clearly clerical or typographical errors
    2. How will formal amendments be made? – Formal amendments may be summarily corrected bt the court at any stage of the action by:
      1. At the initiative; or
      2. Upon motion of any party, provided no prejudice is caused thereby to the adverse party.
6. Amendment to conform to Evidence
  1. Sec 5, Amendment to conform or authorize the 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 amendments of the pleadings as may be necessary to cause them to conform to the evidence and to rise 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 in 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.
  2. When is amendment to conform or authorize the presentation of evidence available?
    1. 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 amendments of the pleadings as may be necessary to cause them to conform to the evidence and to rise 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.
  3. What is the course of action of the court if evidence is objected on the ground that it is not within the issue in the pleading?
    1. If evidence is objected to at the trial on the ground that it is not within the issues made in 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.
7. MARCOS-ARANETA vs. COURT OF APPEALS, G.R. No. 154096, August 22, 2008
  1. 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 Sec. 2 of Rule 10.
8. ALPINE LENDING INVESTORS vs. CORPUZ, G.R. No. 157107, November 24, 2006
  1. A motion to dismiss is not an answer. Motion to dismiss is not a responsive pleading for purposes of Section 2, Rule 10.1 As no responsive pleading had been filed, respondent could amend her complaint as a matter of right. Considering that respondent has the right to amend her complaint, it is the correlative duty of the trial court to accept the amended complaint; otherwise, mandamus would lie against it. In other words, the trial court’s duty to admit the amended complaint was purely ministerial.
When made?
How Filed?
1. Sec. 7 Filing of amended pleadings. – When any pleading is amended, a new copy of the entire pleadings, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed.
  1. Requirements of filing an amended pleading: When any pleading is amended it shall be filed with:
    1. A new copy of the entire pleading; and
    2. Incorporating the amendments, which shall be indicated by appropriate marks, shall be filed.
Effects of Amendment
1. Sec. 8 Effects 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.
  1. What are the effects of amended pleading?
    1. An amended pleading shall have the following effects, to wit:
      1. It supersedes the pleading that it amends;
      2. The admissions in the superseded pleadings may be received in evidence against the pleader;
      3. Claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived;
      4. The admission made in the original pleading shall be treated as an extrajudicial admission which shall be alleged and proved;
      5. Any ancillary order/remedy issued in the original pleading shall be deemed vacated or lifted;
      6. It requires another certification of non-forum shopping if it is a substantial amendment of the original complaint; and
      7. In case the complaint is amended, it requires the service of summons if the defendant has not yet appeared before the court and submitted to its jurisdiction.
        
        Test to determine whether service of summons is required in case of amended pleading:
        
        Where the defendant has already appeared before the court by virtue of the summons in the original complaint (as when defendant had filed a motion to dismiss or an answer), the amended complaint may be served upon him without the need for another summons if new causes of action are alleged in the amendment. Conversely, a defendant who has not yet appeared must be served with summons.
Amendment during Trial Stage
1. General Rule
2. Exceptions
  1. PHILIPPINE NATIONAL BANK vs. MANALO, G.R. No. 174433, February 24, 2014
    1. It is settled that even if the complaint be defective, but the parties go to trial thereon, and the plaintiff, without objection, introduces sufficient evidence to constitute the particular cause of action which it intended to allege in the original complaint, and the defendant voluntarily produces witnesses to meet the cause of action thus established, an issue is joined as fully and as effectively as if it had been previously joined by the most perfect pleadings. Likewise, when issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.
      When evidence is presented by one party, with the expressed or implied consent of the adverse party, as to issues not alleged in the pleadings, judgment may be rendered validly as regards those issues, which shall be considered as if they have been raised in the pleadings. There is implied, consent to the evidence thus presented when the adverse party fails to object thereto.”

Difference between amended and supplemental pleadings

Amended Pleading	Supplemental Pleading
The filing of an amended pleading may either be as a matter of right or with leave of court	The filing of a supplemental pleading is always with leave of court
Amended pleading alleges facts that occured before the filing of the original pleading	Supplemental pleading alleges facts occurring after the filing of the original pleading
Amended pleading supersedes the original pleading, amends.	Supplemental pleading does not supersedes the original pleading but assumes that the original pleading is to stand.

Supplemental Pleading
1. Sec 6. Supplemental pleading. – 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, occurances 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.

Effects of Supplemental pleading
1. YOUNG vs.SPOUSES SY, G.R. No. 157745, September 26, 2006
2. ADA, et. al, vs. BAYLON, G.R. No. 182435, August 13, 2012

Amendment of Pleadings as a Matter of Right

Amendment of Pleading.png

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