Amendment and

Supplemental Pleadings

Section 10 of the Rules of Court

Civil Procedure
Report by: Ma. Alyanna C. Olaguer
JD-2B
How pleadings are amended
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
4. of a party
5. By correction a mistaken or inadequate allegation
6. By correcting a mistaken inadequate description in
other respect
Amendment as a Matter of Right
• 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)
Questions
• 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)
Questions
• 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?
Questions
• YES (Supreme Court). 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. A party may amend his
pleading once as a matter of right at any time
before a responsive pleading is served.
Amendments by Leave of Court
• 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.
Amendments to Conform to or Authorize
Presentation f Evidence
• Sec. 5, Rule 10
• 1st Paragraph- Evidence is introduces on an issue
not alleged in the first pleadings and no
objection was interposed by the other party.
• 2nd Paragraph- Evidence is offered on an issue
not raised in the pleading, but an objection was
interjected.
Failure to State a Cause of Action
• 1st Paragraph of Sec. 5, Rule 10
▫ Applies to situations wherein evidence not within
the issues raised in the pleadings, is offered by the
parties during the trial and not objected to.
▫ Said issues not found in the pleadings are deemed
to have been tried with the consent of the parties.
Amendments to Conform to or Authorize
Presentation of Evidence
• When may amendment be made to conform to or authorize
presentation of evidence?

1. When issues not raised by the pleadings are tired with the
express or implied consent of the parties. (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 the 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 be subserved thereby.
Swagman Hotels and Travel, Inc. VS Court of Appeals, 455
SCRA 175

CASE BRIEF:
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.
Swagman Hotels and Travel, Inc. VS Court
of Appeals, 455 SCRA 175
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.
Amendment to Correct a Jurisdictional Defect Before a
Responsive Pleading is Served

• Litigation over a parcel of land, the complainant filed with the

RTC an action for alleged FORCIBLE ENRTY. Defendants
moved for dismissal, the plaintiff then filed an amended
complaint to QUEITING OF TITLE.

• Is the amendment allowed?

• YES.

• The argument that the court can not allow such type of
amendment since the court must first possess jurisdiction over
the subject matter of the complaint before it can act on any
amendment has no application upon an amendment that is
MADE AS A MATTER OF RIGHT.
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.
Effect of the Amendment on the Original
Pleading
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
3. May be received in evidence against the pleader (Sec. 8, Rule 10)
4. The original pleadings can have NO effect unless offered in evidence.
5. 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)
Supplemental Pleadings
• 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”.
Difference Between Supplemental and
Amended Pleadings
AMENDED PLEADING SUPPLEMENTAL PLEADING

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

Supersedes the original Merely supplements the original

pleading

May be amended without Leave of Always with leave of court

Court BEFORE a responsive pleading
is filed

Amendment must be appropriately There is no such requirement in

marked supplemental pleadings