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RULE 10

SECTION 1. AMENDMENTS
Pleadings may be amended by:
1.
2.
3.

IN

GENERAL.

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.
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.

Amendments indicated in the amended pleading


should be readily evident: in capital letters,
underscored, etc.
Amended pleading supersedes the original
pleading which is deemed withdrawn and is no
longer part of the record
However, filing the amended pleading does not
retroact to the date of the filing of the original,
statute of limitations runs until the filing of the
amendment
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 statute of
limitations which expired after the service of the
original complaint
It is the actual filing that controls
Not the date of the formal admission of amended
pleading
Where original complaint IMPERFECTLY states CoA
and amended complaint is filed consequently,
correcting the defect, the plea of prescription will
relate to the time of the filing of the original
complaint
XPN: will not apply to the party who was impleaded
for the 1st time in the amended complaint which
was filed after the period of prescription had
already lapsed
Amended complaint must be dismissed as to such
party who was belatedly included in the action
Amendments to pleadings are permitted even for
the 1st time on APPEAL if, without changing the
CoA or causing unfair prejudice to the other party,
the purpose is to:
a.

b.

Correct a defect of party plaintiff, as where it


is merely to include the husband of the
plaintiff wife
Substitute the name of the real party in
interest

SECTION 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.

Amendment for the 1st time = matter of right, if


before a responsive pleading
In case of a reply, within 10 days after it was
served
Requisite for 2nd or subsequent amendment: LEAVE
OF COURT
Where some but not all defendants have filed their
answers, plaintiff may amend complaint once as a
matter of right regards to claims asserted only
against the non-answering defendants, but not
against defendants who have already answered
When defendant files MOTION TO DISMISS: Plaintiff
can still amend his complaint as a matter of right
MTD is not a responsive pleading
R: Mandamus if court disallows such amendment
Amendment is allowed even if an order for its
dismissal has been issued as long as motion to
amend is filed BEFORE DISMISSAL order becomes
final
Amended answer may also be allowed even after
the case has been set for trial on the merits if the
purpose of the amendment is to submit the real
matter in dispute without intent to delay the action
Complaint can still be amended as a matter of
right before an answer thereto has been filed, even
if there was a pending proceeding in a higher court
for the dismissal of that complaint.
Purpose for amendment with leave of court: any
material change in the allegations in the complaint
could prejudice the defendant who already set up
his defenses in his answer; no rights of the
defendant will be violated by changes made in the
complaint if he hasnt filed his answer yet.
DEFENSE OF PRESCRIPTION: if not raised in a MTD
nor as an affirmative defense in the original
answer, may be validly set up for the first time in
an amended answer
Effect of filing of amended answer: withdrawal of
the original answer and substitution by the former.
Defendant has right to amend his answer and set
up defense of prescription at the same time

SECTION 3. AMENDMENTS BY LEAVE OF COURT.


XPN (1): Except as provided in the next preceding
section,
GR: Substantial amendments may be made only upon
leave of court.
XPN (2): 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.
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 no prejudice is caused thereby to
the adverse party.

Improper Amendments (should be denied):


a.

b.
c.

d.

When court has no jurisdiction over the


original complaint and the purpose of
amendment is to confer JD on the court by
eliminating the objectionable portion, or where
CoA originally pleaded in the complaint was
outside the JD of the court
If it would result in delay
If it would result in a change of the CoA or
defense or change the theory of the case or
are inconsistent with the allegations in the
original complaint, unless justice & equity
warrant such amendment which would negate
defendants liability or will not result in
substantial injury to adverse party
If the plaintiff had no CoA at the filing of
original complaint and purpose of amendment
is to introduce a subsequently-accrued CoA

Test to determine whether different CoA is


introduced by amendments to the complaint:
whether the defendant is being required to answer
for a liability or legal obligation completely
different from that stated in the original complaint
An order denying motion to amend complaint that
is filed before dismissal order is not yet final is
appealable and the reglementary period to perfect
the appeal runs from plaintiffs receipt of the order
denying his motion to amend the complaint

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.
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.
AMENDED PLEADING
Refer to facts existing at
the
time
of
the
commencement
of
action
Results in the withdrawal

SUPPLEMENTAL
PLEADING
Refer to facts arising after
the filing of the original
pleading
Merely in addition to, but

of the original pleading

Can be made as a right


when
no
responsive
pleading has yet been
filed

does not result in the


withdrawal of the original
pleading
Always with leave of court

Court will require adverse party to plead to the


supplemental pleading if it deemed the same
advisable
It is now up to the said party w/n to plead,
provided that if he does, he must observe the 10day reglementary period

SECTION 8. EFFECT OF AMENDED PLEADINGS.


GR: An amended pleading supersedes the pleading
that it amends.
XPN: 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.

Supersedure of the original pleading, upon


admission of the amended pleading, amounts to
the withdrawal of the former
But doesnt expunge from but remains in the
record of the case so that reference can be readily
made thereto with regards to the effects of the
amendment, that is:
a.

b.

Admissions in the superseded pleading can


still be received in evidence against the
pleader
Claims / defenses alleged therein but not
incorporated or reiterated in the amended
pleading are not waived

Despite being superseded and withdrawn, the


admissions therein are still considered extrajudicial
admissions and may be proved by the party relying
thereon by formal offer in evidence of such original
pleading

RULE 11
SECTION 1. ANSWER TO THE COMPLAINT. The
defendant shall file his answer to the complaint
within fifteen (15) days after service of summons,
unless a different period is fixed by the court.
SECTION 2. ANSWER OF A DEFENDANT FOREIGN
PRIVATE JURIDICAL ENTITY. Where the defendant
is a foreign private juridical entity and service of
summons is made on the government official
designated by law to receive the same, the answer
shall be filed within thirty (30) days after receipt of
summons by such entity. (2a)

60 days period to answer; nonresident


defendant on whom extraterritorial services of
summons is made
Granting extension discretion of the court

It can extend but cannot shorten the time to file

GR: Discretion of court to admit pleadings filed after


the reglementary period has expired does not extend
to the steps necessary to perfect an appeal should be
done within the reglementary period
XPN: Justifiable grounds

A motion for extension of time to file an answer


may be heard and granted ex parte
Order allowing the filing of a late answer is
interlocutory and not appealable
SECTION 3. ANSWER TO AMENDED COMPLAINT.
When the plaintiff files an amended complaint as a
matter of right, the defendant shall answer the same
within fifteen (15) days after being served with a
copy thereof.
Where its filing is not a matter of right, the
defendant shall answer the amended complaint within
ten (l0) 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, and amended third
(fourth,
etc.)party
complaint,
and
amended
complaint-in-intervention.

A motion for
accompanied
admitted so
knowledge of

leave to file such pleading shall be


by that pleading sought to be
that the defendant has advance
that proposed amended complaint

SECTION 4. ANSWER TO COUNTERCLAIM OR


CROSS-CLAIM. A counterclaim or cross-claim
must be answered within ten (10) days from service.
SECTION 5. ANSWER TO THIRD (FOURTH, ETC.)PARTY COMPLAINT. The time to answer a third
(fourth, etc.)party complaint shall be governed by
the same rule as the answer to the complaint.

3rd party defendant shall file his answer alleging his


defense and his counterclaims and cross-claims
against the plaintiff, 3rd party plaintiff or any other
party
May assert such defenses as the 3rd party plaintiff
may have against the plaintiffs claim
3rd party defendant is served with summons just
like the original defendant
He has 15, 30 or 60 days from service of summons

SECTION 6. REPLY. A reply may be filed within ten


(10) days from service of the pleading responded to.

Filing of reply is optional


Failure to file all the new matters alleged in the
antecedent pleading are deemed controverted
If he files reply within 10 days
Where last day of reglementary period is a
Sunday / holiday, the pleading may be filed on the
succeeding business day

Computation of reglementary period, especially if


it is interrupted by the filing of a pleading:
o
The date when pleading is FILED excluded
o
Date of RECEIPT of judgment / order
excluded

i.e. MTRecon is filed on the 15 th / last day within which


to perfect the appeal, that day should be excluded
party still has one day to perfect an appeal
Order is received denying said MTRecon date of
receipt is also not included in the computation
GR: Filing of said motion and pendency thereof
suspends the running of the reglementary period
XPN: Motion is pro forma
SECTION
7.
ANSWER
TO
SUPPLEMENTAL
COMPLAIN. A supplemental complaint may be
answered within ten (10) 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.

Supplemental amendment requires leave of court


Court may fix different period for answering
instead of the 10-day period
This is introduction of facts arising after filing of
original complaint, therefore defendant has lack of
knowledge he may need longer period to respond
to allegations

SECTION 8. EXISTING COUNTERCLAIM OR CROSSCLAIM. A compulsory counterclaim or a cross-claim


that a defending party has at the time he files his
answer shall be contained therein.
SECTION 9. COUNTERCLAIM OR CROSS-CLAIM
ARISING AFTER ANSWER. A counterclaim or a
cross-claim which either matured or was acquired by a
party after serving his pleading may, with the
permission of the court, be presented as a counterclaim
or a cross-claim by supplemental pleading before
judgment.
SECTION 10. OMITTED COUNTERCLAIM OR
CROSS-CLAIM. When a pleader fails to set up a
counterclaim or a cross-claim through:
a.
b.
c.
d.

oversight
inadvertence
excusable neglect,
or when justice requires

he may, by leave of court, set up the counterclaim or


cross-claim by amendment before judgment.
SECTION 11. EXTENSION OF TIME TO PLEAD.
Upon motion and on such terms as may be just, the
court may extend the time to plead provided in these
Rules.
The court may also, upon like terms, allow an answer or
other pleading to be filed after the time fixed by these
Rules.

After-acquired counterclaim / cross-claim file as


supplemental pleading
Omitted counterclaim / cross-claim raised in
amended pleading

When counterclaim
answered:

cross-claim

need

not

be

a.

b.

If it is based on / is separable from the defenses


raised by the opposing party or merely allege the
opposite of the facts in the complaint
If it is only for damages / attorneys fees arising
from the filing of the complaint