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SEC. 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) SEC. 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 However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed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)
Unfortunately, petitioner failed to secure such prior leave, thus, the lower court cannot be faulted for denying the admission of the said Amended Answer. Nonetheless, even if such prior leave of court was duly filed, the court a quo could still deny it on the ground that the Amended Answer substantially altered the theory of the defense.
ALICIA C. MARANAN, Petitioner, G.R. No. 164398 Present: - versus QUISUMBING, J., Chairperson, CARPIO, CARPIO MORALES, TINGA, and VELASCO, JR., JJ. Promulgated: March 30, 2007