Tuesday, March 31, 2015

AMENDMENTS AFTER THE FILING OF A RESPONSIVE PLEADING: | MVP Law | Philippines

See - AMENDMENTS AFTER THE FILING OF A RESPONSIVE PLEADING: | MVP Law | Philippines





"x x x.

AMENDMENTS AFTER THE FILING OF A RESPONSIVE PLEADING:

The granting of leave to file amended pleading is a matter particularly addressed to the sound discretion of the trial court; and that discretion is broad, subject only to the limitations that the amendments should not substantially change the cause of action or alter the theory of the case, or that it was not made to delay the action. 

Nevertheless, as enunciated in Valenzuela v. Court of Appeals, 416 Phil. 289 (2001) even if the amendment substantially alters the cause of action or defense, such amendment could still be allowed when it is sought to serve the higher interest of substantial justice; prevent delay; and secure a just, speedy and inexpensive disposition of actions and proceedings.
x x x."