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    This document discusses amendments to pleadings under the Rules of Civil Procedure. It provides two cases as examples: Constantino vs. Reyes discusses that a party may amend their pleading once as a matter of course before a responsive pleading is served, or the court may allow an amendment at any stage of the action. Even after dismissal of a complaint, an amendment may still be allowed if filed before the dismissal becomes final. Ching vs. CA establishes that amended pleadings supersede and replace original pleadings. The original pleading loses its status and any admissions in it must be formally introduced as evidence, not considered judicial admissions. The amended pleading takes the place of the original, which is regarded as abandoned and ceases

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    This document discusses amendments to pleadings under the Rules of Civil Procedure. It provides two cases as examples: Constantino vs. Reyes discusses that a party may amend their pleading once as a matter of course before a responsive pleading is served, or the court may allow an amendment at any stage of the action. Even after dismissal of a complaint, an amendment may still be allowed if filed before the dismissal becomes final. Ching vs. CA establishes that amended pleadings supersede and replace original pleadings. The original pleading loses its status and any admissions in it must be formally introduced as evidence, not considered judicial admissions. The amended pleading takes the place of the original, which is regarded as abandoned and ceases

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    15 views2 pages

    DUE Reviewer

    Uploaded by

    sophia derumo
    This document discusses amendments to pleadings under the Rules of Civil Procedure. It provides two cases as examples: Constantino vs. Reyes discusses that a party may amend their pleading once as a matter of course before a responsive pleading is served, or the court may allow an amendment at any stage of the action. Even after dismissal of a complaint, an amendment may still be allowed if filed before the dismissal becomes final. Ching vs. CA establishes that amended pleadings supersede and replace original pleadings. The original pleading loses its status and any admissions in it must be formally introduced as evidence, not considered judicial admissions. The amended pleading takes the place of the original, which is regarded as abandoned and ceases

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    8. Amendment 20
    a. Amendment as a matter of right
    b. Amendments by leave of court
    c. Formal amendment
    d. Effect of amended pleading
    e. Supplemental pleadings

    A.M. No. 19-10-20-SC 2019 Amendments to the1997


    Rules of Civil Procedure

    CONSTANTINO VS. REYES


    1. PLEADING AND PRACTICE; AMENDMENT OF PLEADING AS A MATTER OF COURSE AND BY LEAVE OF
    COURT. — A party may amend his pleading once as a matter of course at any time before a responsive
    pleading is served, but the court may, upon motion at any stage of an action, and upon such terms as
    may be just, order or give leave to a party to amend his pleading, to the end that the real matter in
    dispute and all matters in the action in dispute between the parties may, as far as possible, be
    completely determined in a single proceeding.

    2. ID.; ID.; AMENDMENT AFTER DISMISSAL OF COMPLAINT. — Even after an order dismissing his
    complaint is issued, an amendment may still be allowed. The motion to amend should be filed before
    the order of dismissal becomes final and unappealable, because thereafter there would be nothing to
    amend.

    CHING VS.CA

    Under the Rules, pleadings superseded or amended disappear from the record, lose their status as
    pleadings and cease to be judicial admissions. While they may nonetheless be utilized against the
    pleader as extrajudicial admissions, they must, in order to have such effect, be formally offered in
    evidence. If not offered in evidence, the admission contained therein will not be considered

    (Ching vs. Ca G.R. No. 110844 April 27, 2000)

    Consequently, the original complaint, having been amended, lost its character as a judicial admission,
    which would have required no proof, and became merely an extrajudicial admission, the admissibility of
    which, as evidence, required its formal offer.[31]
    In virtue thereof, the amended complaint takes the place of the original. The latter is regarded as
    abandoned and ceases to perform any further function as a pleading. The original complaint no longer
    forms part of the record

    (Ching vs. Ca G.R. No. 110844 April 27, 2000)

    This decision, and more, can be found at https://www.digest.ph/decisions/ching-vs-ca-3

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