RULE 10

AMENDED AND SUPPLEMENTAL PLEADINGS

What is Amendment?

It is a minor change or addition designed to improve a text, piece of legislation.

Section 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, in the most
expeditious and inexpensive manner. (1a)

Pleadings may be amended in the following manner:

1. By adding or striking out an allegation

2. By adding or striking out an allegation

3. By correcting a mistake in the name of a party

4. By correction a mistaken or inadequate allegation

5. By correcting a mistaken inadequate description in other respect

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) calendar days after it is served. (2a)

• Amendment as a matter of right can only be exercised ONCE and before a responsive
pleading is served.

• It is considered as a matter of right at any time before a responsive pleading is served or,
in the case of reply, at any time within ten (10) days after it is served.

NOTE: This is only applicable before the trial court, and not amendments before the Court of
Appeals (upon discretion)

Can the Court deny an amendment as a matter of right?

• NO, the Court would be in error, because the trial court’s duty to admit an amended
complaint made as a matter of right is purely MINISTERIAL.

• This error is correctible by mandamus.

(Alpine Lending Investors v Corpuz, 508 SCRA 45,48-49)

BAR QUESTION

• Assume that the plaintiff filed an action based on an oral loan against the defendant, who
filed a motion to dismiss the complaint for failure to state a cause of action, because the
allegations do not indicate the debt is already due and demandable when the complaint
was filed. Instead of opposing the motion, plaintiff filed an amendment to correct the
complaint. Is the plaintiff’s action a matter of right?

• YES, the motion to dismiss is not a responsive pleading, and its filing does not preclude
the exercise of the plaintiff’s right to amend his complaint.

Section 3. Amendments by leave of court. — Except as provided in the next preceding

Section, substantial amendments may be made only upon leave of court. But such leave shall be
refused if it appears to the court that the motion was made with intent to delay or confer
jurisdiction on the court, or the pleading stated no cause of action from the beginning which
could be amended. 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.
(3a)

When is it required?

1. If the amendment is substantial

2. A responsive pleading had already been served.

Substantial Amendments are only allowed if:

1. Made with Leave of Court

2. Will not interpose delay/ no intention to delay proceedings.

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.
(4)

Section 5. No amendment necessary 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. No amendment of such pleadings deemed amended is necessary to cause them to
conform to the evidence. (5a)

When may amendment be made to conform to or authorize presentation of evidence?

 1. When issues not raised by the pleadings are tried with the express or implied consent of
the parties

Note: Failure to amend does not affect the result of the trial of said issue

2. Amendment may also be made to authorize presentation of evidence if evidence is

objected to at the trial on the ground that it is not within the issues made by the pleadings,
if the presentation of the merits of the action and the ends of substantial justice will sub
served thereby.

Sec. 5, Rule 10

1. 1st Paragraph- Evidence is introduces on an issue not alleged in the first pleadings and no
objection was interposed by the other party.
2. 2nd Paragraph- Evidence is offered on an issue not raised in the pleading, but an objection
was interjected.

SWAGMAN HOTELS AND TRAVEL, INC. v COURT OF APPEALS

455 SCRA 175

FACTS:

When the case was filed, none of the promissory notes subject of the action was due and
demandable but two of the notes became due during the pendency of the action.

The trial court ruled that even if the private responded had no cause of action when he
file the complaint for a sum of money because none of the promissory notes were due yet, he
could nevertheless recover on the first two promissory notes which became due to the pendency.

ISSUE:

WON a complaint that has no cause of action at the time it was filed, be cured by the
accrual of a cause of action during the pendency of the case?

HELD:

No. The curing effect under Sec. 5 is applicable only if a cause of action in fact exists at
the time the complaint is filed, but the complaint is defective for failure to allege material facts.

It thus follow that a complainant whose cause of action has not yet accrued cannot be
cured or remedied by an amended or supplemental pleading alleging the existence or accrual of
action while the case is pending. Such action is prematurely brought and therefore, it is a
GROUNDLESS SUIT.

Rules In Amendment To Correct A Jurisdictional Defect After A Responsive Pleading

 • An amendment of the complaint to correct a jurisdictional error CANNOT validly done
after a responsive pleading is served.

• Requires Leave of Court, a matter which requires the exercise of sound judicial
discretion. If the Court grants the amendment, it would be acting on a complaint over
which it has no jurisdiction.

Section 6. Supplemental pleadings. — Upon motion of a party, the court may, upon reasonable
notice and upon such terms as are just, permit him or her 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) calendar days
from notice of the order admitting the supplemental pleading. (6a)

• A supplemental pleading is one which sets forth transactions, occurrences or events

which have happened since the date of the pleading sought to be supplemented.

• Must be with Leave of Court- notice to all parties.

• Sec.7, Rule 10- As can be gleaned from the provision, the filing of an answer to the
supplemental pleading is not mandatory because of the use of the word “may”.

AMENDED PLEADING SUPPLEMENTAL PLEADING

Refer to the facts existing at the time of filling of Refers to facts occurring after the filing of the
original pleading original pleading

Supersedes the original Merely supplements the original pleading

May be amended without Leave of Court BEFORE Always with leave of court
a responsive pleading is filed

Amendment must be appropriately marked There is no such requirement in supplemental

pleadings

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. (7)

Section 8. Effect of amended pleadings. — An amended pleading supersedes the pleading

that it amends. However, admissions in superseded pleadings may be offeredin evidence against
the pleader, and claims or defenses alleged therein not incorporated in the amended pleading
shall be deemed waived. (8a)

1. The original pleading is abandoned

2. The case stands for trial on the amended pleading only.

Effect of the amendment on admissions made in the original pleading

1. May be received in evidence against the pleader (Sec. 8, Rule 10)

2. The original pleadings can have NO effect unless offered in evidence.

3. Must be formally offered in evidence to be utilized against the party.

Summons

• Where the defendants have already appeared before the trial court by virtue of the
original complaint, the amended complaint may be served upon him without the need of
another summons. (A court’s jurisdiction continues until it is terminated)