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Amendments in General


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, and in the most expeditious and inexpensive manner. (Rule 10, Rules of Court)

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How do you amend a pleading?

Amendment is made by:
  1.  Adding an allegation or the name of a party;
  2. Striking out an allegation or the name of a party;
  3. Correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect.

Why is amendment allowed? 

Amendments of pleadings are allowed under Rule 10 of the 1997 Rules of Civil Procedure in order that the actual merits of a case may be determined in the most expeditious and inexpensive manner without regard to technicalities, and that all other matters included in the case may be determined in a single proceeding, thereby avoiding multiplicity of suits. (Swagman Hotels and Travels, Inc. vs. CA, G.R. No. 161135. April 8, 2005) 


Kinds of amendment:
  1. Amendment as a matter of right 
  2. Amendment by leave of court
  3. Substantial amendment
  4. Formal amendments

Implication of amendments to docket fees

● If the docket fees were already paid for the original pleading, the any increases in the new fees because of the amendment will serve as a lien on the judgment. (PAGCOR vs. Lopez, ADM. MATTER NO. RTJ-04-1848, October 25, 2005)



● It depends.
  1. If the defendant has already been served summons on the original complaint, the amended complaint may be served upon him without need of another summons,  even if new causes of action are alleged. The summons on the original complaint which has already been served continues to have its legal effect. 
  2. Conversely, when no summons has yet been validly served on the defendant, new summons for the amended complaint must be served on him. (Philamlife vs. Breva, G.R. No. 147937. November 11, 2004)

When an additional defendant is impleaded in the action, is it necessary that summons be served upon him? (Bar 1999)

Yes. Summons must be served upon the defendant who has not yet appeared before the court under the original complaint. It is necessary to acquire jurisdiction over his person otherwise the judgment will be void as to him, unless he voluntarily appears in the action (Sec. 20, Rule 14, Rules of Court). The new defendant cannot be deemed to have already appeared by virtue of summons under the original complaint in which he was not yet a party.

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