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Rule 10
Amended and Supplemental
Pleadings

Rule 10

AMENDED AND SUPPLEMENTAL PLEADINGS

Part I. AMENDMENTS
Sec. 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. (1)

What do you understand by amendment? The general meaning of amendment is

change. Now can we amend pleadings, change it? Yes.
Q: How do you amend a pleading?
A: Well, any type of change you can add a word or a sentence or you strike out an
allegation or you add or strike out a party; you correct a mistake in the name of a party or
inadequate allegation or description in any other respect. As a matter of fact, if you
correct only one letter, that is already an amendment.
So you can amend by removing something, adding something, or changing something
by substituting another word. You can amend by removing an entire paragraph, an entire
sentence, a phrase, or a word. So that is what amendment is all about. As a matter of
fact, before reaching Rule 10, there are provisions where amendments have already been
touched upon, one of which is Rule 1, Section 5:
Sec. 5. Commencement of action.- A civil action is commenced by the filing of
the original complaint in court. If an additional defendant is impleaded in a
later pleading, the action is commenced with regard to him on the date of the
filing of such later pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court.

So in other words, if I file a complaint against A, then later on I will include another
defendant, the inclusion of an additional defendant party is an amendment.
Q: Suppose I will file a case against Jacques today, January 9, then one month from
today I will file another complaint to include an additional defendant, Tikla. When is the
case deemed commenced?
A: According to Rule 1, Section 5, as far as Jacques is concerned, the original
defendant, the case against him is commenced today. But as far as Tikla is concerned, the
additional defendant, the case is commenced not upon the filing of the original complaint,
but on the date when he is included in the amended complaint. So, the amendment does
not retroact to the date of the filing of the original action.
Q: What is the policy of the law on amendments? Should it be encouraged or
discouraged? If a party wants to amend his complaint or answer, should the court be
liberal in allowing the amendment or should it restrict, as a general rule, and not allow the
amendment?
A: Section 1 says that the purpose of amendment is that the actual merits of the
controversy may speedily be determined without regard to technicalities, and in the most
expeditious and inexpensive manner. According to the SC, amendments to pleadings are
favored and should be liberally allowed in order (a) to determine every case as far as
possible on its actual merits without regard to technicalities, (b) to speed up the trial of
cases, and (c) to prevent unnecessary expenses. (Verzosa vs. Verzosa, L-25603, Nov. 27,
1968; Cese vs. GSIS, L-135814, Aug. 31, 1960)
EXAMPLE: The plaintiff files his complaint or the defendant files his answer and then
later on he realizes that his cause of action is wrong or that his defense is wrong. He
would like to change his complaint or change his answer. All he has to do is amend his
complaint or answer. The court cannot stop him from changing his complaint or changing
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Rule 10
Amended and Supplemental
Pleadings

his answer because the purpose of litigation is: the real nature of controversy will be
litigated in court. You cannot normally stop the party from ventilating his real cause of
action or his real defense so that the rule is that amendments should be liberally allowed
in the furtherance of justice and that the real merits of the case will come out in court.
That is what you have to remember about concept of amendments and the policy of the
rules on amendments.
TYPES OF AMENDMENTS:
The following are the important points to remember here:
FIRST, there are two types of amendment of pleadings under the rules:
1.) An amendment as a matter of right; or
2.) An amendment as a matter of judicial discretion
SECOND, an amendment could be
1.) a formal amendment; or
2.) a substantial amendment
These are the same classification under the Rules on Criminal Procedure under Rule
110.
Amendment as a MATTER OF RIGHT; and
Amendment as a MATTER OF JUDICIAL DISCRETION
AMENDMENT AS A MATTER OF RIGHT simply means that the party has the
unconditional action or right to amend his pleading. The court has no right to prevent him
from amending. The opposite party has no right to oppose the amendment.
AMENDMENT AS A MATTER OF JUDICIAL DISCRETION simply means that the court may
or may not allow the amendment. So the other party has the right to oppose.
AMENDMENT AS A MATTER OF RIGHT
Q: When is amendment a matter of right?
A: Section 2:
Sec. 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) days after it is served.
(2a)

PROBLEM: I am the plaintiff, I file a complaint. I want to amend my complaint. When is

the amendment a matter of right?
A: At any time a responsive pleading is served to the complaint. Meaning, at any time
before the defendant has filed his answer, the plaintiff may change his complaint at any
time. He may change it in any manner, substantially or formally.
Q: How about the defendant? Suppose he wants to change his answer, when is his
right absolute or as a matter of fact right?
A: At any time before a reply by the plaintiff is filed or before the expiration of the
period to file a reply because a reply may or may be not be filed.
Q: How about if you want to amend your reply? You cannot say before a responsive
pleading is served because there is no more responsive pleading to the reply.
A: So under Section 2, the plaintiff can amend his reply at any time within ten (10)
days after it is served.

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Rule 10
Amended and Supplemental
Pleadings

Q: Is there any other instance when amendment is a matter of right even if there is
already an answer or even in the middle of the trial the party can still change his pleading
and it seems that the court should allow it?
A: Yes, there is a second instance, when the amendment is FORMAL IN NATURE as
found in Section 4:
Sec. 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. (4a)

When the amendment is fairly formal, it can be done anytime. As a matter of fact it
can be summarily corrected by the court at any stage of the action, upon motion or even
without motion, the court will order the amendment. Because anyway that is a harmless
correction.
NOTE: Change of amount of damages is only formal because there is no change in the
cause of action.
SUMMARY: Amendment as a matter of right:
1.) Before an answer is filed (Complaint);
2.) Before a reply is filed or before the period for filing a reply expires (Answer);
3.) Any time within 10 days after it is served (Reply); and
4.) Formal amendment
AMENDMENT AS A MATTER OF JUDICIAL DISCRETION
So we will now go to substantial amendments which are a matter of judicial discretion,
that is Section 3:
Sec. 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 may be refused if it appears to the court that the motion was
made with intent to delay. 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)

Q: When is an amendment a matter of judicial discretion?

A: The amendment must be substantial and the adverse party has already filed and
served a copy of his responsive pleading.
PROBLEM: I will file my complaint against you and you will file your answer. After you
have filed your answer, I want to amend my complaint and my amendments is not merely
formal but something substantial, like my cause of action will not be the same anymore.
Q: Can it still be done?
A: YES, BUT this time it is a matter of judicial discretion. It must be with leave of court.
So I will have to file a motion in court to allow or admit the proposed amended complaint.
I will furnish a copy of the motion to my opponent together with a copy of the amended
complaint and the other party has the right to oppose the amendment. So the court will
hear and decide whether to allow the amendment or not.
Q: Assuming that the amendment is a matter of judicial discretion, how should the
court resolve it? Assuming that the argument is 50-50 and the court is deliberating
whether or not to allow the amendment.
A: Based on established jurisprudence, the court should always allow the amendment
because of the liberal policy of the rules. Amendments of pleadings should be liberally
allowed in order that the real merits of the case can be ventilated in court without regard
to technicalities. So the court will always lean on allowing a pleading to be amended.
That is the liberal policy.

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Amended and Supplemental
Pleadings

LIMITATIONS TO THE LIBERAL POLICY IN AMENDMENTS TO PLEADINGS

Q: What are the limitations to this liberal policy in allowing amendments? Meaning,
when can the court refuse to allow the amendment and when can you validly oppose it?
A: The following:
1.) when the amendment is to delay the action (Section 3);
2.) when the amendment is for the purpose of making the complaint confer
jurisdiction upon the court (Rosario vs. Carangdang, 96 Phil. 845);
3.) when the amendment is for the purpose of curing a premature or non-existing
cause of action (Limpangco vs. Mercado, 10 Phil. 508; Wong vs. Yatco, 99 Phil.
791)
1.) WHEN THE AMENDMENT IS TO DELAY THE ACTION
The second sentence of Section 3 says that such leave may be refused if it appears
that the motion was made with intent to delay. Meaning, the motion to amend is dilatory.
Example: a case is filed against the defendant based on a cause of action then trial
trialthen the case is already about to end. Then the plaintiff says he wants to amend his
complaint and change his cause of action. I dont think the court will allow it. Thats too
much.
Or, the defendant will say that he would like to change his defense. I dont think the
court will agree with that situation because it appears that the motion to amend is already
dilatory. Why did it take you one year to realize that your cause of action or your defense
is wrong? So that is a limitation where the court may refuse to apply the principles on
liberality. The liberal policy becomes weaker or is working against you the longer you
delay your amendment because it might already be interpreted to be dilatory.
Now if you will notice, there is another limitation found in the old rules that is gone
here, and that is : That the amendment will not be allowed if it will SUBSTANTIALLY alter
the cause of action or defense (Torres vs. Tomacruz, 49 Phil. 913) The implication here is
that, since amendment is favored, even if you alter you cause of action or defense, you
should not prevent the other party provided that it is not dilatory. And the definition of this
limitation is a confirmation of what the SC said in some cases like the case of
MARINI-GONZALES vs. LOOD
148 SCRA 452
HELD: While the Rules of Court authorize the courts to disallow amendment
of pleadings when it appears that the same is made to delay an action or that
the cause of action or defense is substantially altered thereby, the rule is not
absolute. It is discretionary.
Courts are not precluded from allowing amendments of pleadings even if the
same will substantially change the cause of action or defense provided that such
amendments do not result in a substantial injury to the adverse party. This is due
to the permissive character of said rule [which provides: may refuse]. In fact,
this Court has ruled that amendments to pleadings are favored and should be
liberally allowed in the furtherance of justice.
That is why these are enough reason to delete that limitation. But if you are going to
change your cause of action or defense when the trial is almost over, hindi na puwede
because that will be dilatory. But if you want to change it before the trial, that it still
allowed, even if it is substantial in nature. Thats why this limitation disappeared. But
despite the fact that there is only one limitation now left, it is conceded that there are still
limitations not found in the law which have remained intact.
2.) WHEN THE AMENDMENT IS FOR THE PURPOSE OF MAKING THE COMPLAINT CONFER
JURISDICTION UPON THE COURT

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Amended and Supplemental
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In other words, based on the original complaint the court has no jurisdiction over the
subject matter. So I will amend the complaint so that the court will have jurisdiction. Well,
that will not be allowed. So, jurisdiction by the court cannot be conferred by amendment
when the original complaint shows that the court has no jurisdiction.
For EXAMPLE: I will file a complaint for an unpaid loan and the amount is exactly
P200,000 only. Where should I file the complaint? MTC. But by mistake I file it in the RTC
and later I realized that the case should have been filed in the MTC because the
jurisdiction of the RTC should be above P200,000. So I will amend my complaint and
change the complaint and say that my claim is P100,001.00. The obvious purpose of the
amendment is to make the case fall within the jurisdiction of the RTC. According to the SC,
it cannot be done.
The rule here is when in its face, the complaint shows that the court has no jurisdiction
over the subject matter, the court has no authority to act in the case. And if you move to
amend it and ask the court to allow the amendment, you are assuming that the court has
the authority to act on the case. But the court cant allow it because the court has no
authority to act. So the court even is not authorized to allow the amendment because it
has no authority to act in the first place. How can you allow something when you do not
have the authority to act? My golly!
So according to the SC, when its on very face the complaint shows that the court has
no jurisdiction, the court has only one authority and its only authority is to dismiss the
case. So with that an amendment cannot confer jurisdiction.
3.) WHEN THE AMENDMENT IS FOR THE PURPOSE OF CURING A PREMATURE OR NONEXISTING CAUSE OF ACTION
Meaning, on its very face, there is no cause of action, there is no case. There is no
delict or there is no wrong. Now how can you create a delict or wrong by amending your
complaint? In effect, you are creating something out of nothing.
BAR QUESTION: How do you distinguish a NON-EXISTENT cause of action from
IMPERFECT cause of action?
A: The following are the distinctions:
1.) In a NON-EXISTENT cause of action, there is yet no delict or wrong committed by
the defendant (Limpangco vs. Mercado, 10 Phil. 508) whereas
In an IMPERFECT cause of action, a delict or wrong has already been committed
and alleged in the complaint, but he cause of action is incomplete (Alto
Surety vs. Aguilar, L-5625, March 16, 1945); and
2.) a NON-EXISTENT cause of action is not curable by amendment (Limpangco vs.
Mercado, 10 Phil. 508; Surigao Mine vs. Harris, 68 Phil. 113) whereas
an IMPERFECT cause of action is curable by amendment (Alto Surety vs. Aguilar,
L-5625, March 16, 1945; Ramos vs. Gibbon, 67 Phil. 371).
BAR QUESTION: Suppose the filing of the complaint will lapse on January 20 and I will
file the complaint today so the running of the period will be interrupted. Suppose I will
amend my complaint next month, on February. Question: Is prescription properly
interrupted? When an original complaint is amended later, when is the prescriptive period
for filing the action interrupted? Upon the filing of the original complaint or upon the filing
of the amended complaint?
A: It DEPENDS upon the nature of the amendment:
a.) If the amendment introduces a new and different cause of action, then the
prescriptive period is deemed interrupted upon the filing of the amended
complaint; (Ruymann vs. Dir. of Lands, 34 Phil. 428)

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Amended and Supplemental
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b.) But where the amendment has not altered or changed the original cause of
action, no different cause of action is introduced in the amended complaint, then
the interruption of the prescriptive period retroacts on the date of the filing of
the original complaint. (Pangasinan Trans. CO. vs. Phil. Farming Co., 81 Phil. 273;
Maniago vs. Mallari, 52 O.G. 180, October 31, 1956)
EXAMPLE: I will file today a case for damages arising for quasi-delict. And then one or
two months from now I will amend my complaint from damages arising from culpa
aquiliana to damages arising from culpa contractual. Is that a different cause of action?
Yes, so the prescriptive period for culpa contractual is deemed filed next month, not this
month, because that is a different cause of action.
EXAMPLE: But suppose I file a case against you for culpa aquiliana, and my claim is one
million. Next month I amend my complaint for damages from one million pesos to two
million pesos. Did I change my cause of action? No, it is still the same cause of action
culpa aquiliana. Therefore, the prescriptive period is deemed interrupted as of the date of
the filing of the original complaint.
AMENDMENTS TO PLEADINGS IN CRIMINAL CASES
Now, the classifications of amendments under the rule on criminal procedure are the
same because there is such a thing as amendments on the criminal complaints or
informations as a matter of right on the part of the prosecution and amendments as a
matter of judicial discretion. And under the rules of criminal procedure, an amendment
can either be formal or substantially received. There is some difference in the rules.
How do you differentiate the amendment of a pleading, under the rules on civil
procedure and the amendment of a criminal complaint or information in criminal cases?
Take note that there is no Answer in criminal cases. The accused is not obliged to file
answer but the counterpart of answer in criminal cases is the plea, where he pleads either
guilty or not guilty.
Under the rules on criminal procedure, at anytime before the arraignment or before he
enters plea, the amendment of information is a matter of right, either in form or in
substance. EXAMPLE: The prosecution files an information against you for homicide and
then the prosecution wants to agree to murder. Can it be done? YES, for as long as the
accused has not yet entered his plea.
So it is almost the same as in civil cases. For as long as there is no responsive, pleading
the amendment is a matter of right whether in substance or in form.
Q: Now in criminal cases, AFTER the accused had already entered his plea to the
original charged, is amendment still allowed? Can the prosecution still amend?
A: YES. But what is allowed is only formal amendment. Substantial amendment is
100% prohibited in criminal cases. But in civil cases, puwede.
OBJECTIONS AND DEFENSES NOT RAISED ARE DEEMED WAIVED; EXCEPTION
Sec. 5. Amendment 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.
Such amendment of the pleadings as may be
necessary to cause them to conform to the evidence and to raise these issues may
be made upon motion of any party at any time, even after judgment; but failure
to amend does not affect the result of the trial of these issues. If evidence is
objected to at the trial on the ground that it is not within the issues made by
the pleadings, the court may allow the pleadings to be amended and shall do so
with liberality if the presentation of the merits of the action and the ends of
substantial justice will be subserved thereby.
The court may grant a
continuance to enable the amendment to be made. (5a)

Q: May issues not raised in the pleadings be tried in court during the trial?

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Amended and Supplemental
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A: As a GENERAL RULE, a defendant during the trial is not allowed to prove a defense
that is not raised in the pleadings based on Rule 9, Section 1. The court has no jurisdiction
over the issue. Thats why there is no such thing as surprise defense because a defense
that is not raised is deemed waived.
Q: Is there an EXCEPTION to Rule 9, Section 1? Can the rule be relaxed?
A: YES. Section 5 is a relaxation of the rule specifically the first sentence: when
issues not raised in 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.
EXAMPLE: In a collection case, the defendant in his answer raised a defense that the
money obtained from the defendants was not a loan but a donation. During the trial, he
attempted to prove that it was a loan but it was already fully paid. So he is now proving
the defense of payment. He is practically changing his defense. If you follow Rule 9,
Section 1, that is not allowed.
But suppose the parties during the trial, the plaintiff agrees that the defendant will
prove that the obligation is paid, then it can be done because issues now raised in the
pleadings are tried with the express consent of the parties. They shall be treated in all
respects as if they had been raised in the pleadings.
In the case of implied consent, the best example is when the defendant attempts to
prove payment and the plaintiff FAILED TO OBJECT. So there is now an implied consent by
the parties. Therefore, the case can now be tried in the issue as if they had been raised in
the pleadings. That is what we call the principle of estoppel. The parties are in estoppel
because they expressly or impliedly agreed to try an issue which is not raised in the
pleadings. The court will now render judgment and discuss the evidence and discuss
whether the obligation has been paid or not.
So if it happens, the decision will not jibe with the pleadings. If you read the complaint
and the answer, there is no mention of payment but in the decision resolved the case on
that issue. The pleadings are not in harmony with the decision.
Q: So how will you harmonize the two pleadings and the decision?
A: The remedy according to Section 5 is to amend the pleadings. We can amend the
pleadings to make them conform with the evidence. That is why the law says: such
amendment of the pleadings as may be necessary to cause them to conform to the
evidence and to raise these issues may be made upon motion of any party at any time,
even after judgment.
So even after the judgment, you can amend the pleading in order to harmonize with
the evidence. Normally, the evidence should conform to the pleading under Rule 9. In this
case, baliktad! it is the pleading which is being amended to conform to the evidence. It
is the exact opposite.
Normally that is for the benefit of the appellate court in case the decision will be the
case will be appealed. The CA will read the complaint and the answer, wala mang
payment dito! But when you read the decision, the main issue was payment not found in
the complaint and the answer. So there might be confusion. So amendment is necessary
at anytime, even after judgment.
Q: But suppose the parties never bothered to amend the pleadings, is there a valid
judgment?
A: YES because the law says, but failure to amend does not affect the result of the trial
of these issues. So, there is a valid trial and the court acquires jurisdiction over the issues
because of their implied or express consent. The best example is FAILURE TO OBJECT.
if the evidence is objected to at the trial on the ground that it was not within the
issues made by the pleadings, the court may allow the pleadings to be amended
and shall do so with liberality if the presentation of the merits of the action and the
ends of substantial justice will be subserved thereby.

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EXAMPLE: The defendant during the trial attempted to prove the obligation that it is
paid. The lawyer of the plaintiff is alert and objected thereby, You cannot prove that
defense because you never raise a defense of payment in your answer. Is the objection
correct? YES because of Rule 9, Section 1. The court affirmed the plaintiff that one cannot
prove the defense of payment because you never raised it in your answer. There is no
express or implied consent.
Q: But the defendant said, If that is so your honor, may we be allowed to amend our
answer so that we will now raise the defense of payment and prove it in court? Can the
court allow the defendant to amend his answer in the middle of the trial just to prove a
defense that is not raised?
A: The rule says YES, the court may allow the pleadings to be amended and shall do so
with liberality if the presentation of the merits of the action and the ends of substantial
justice will be subserved thereby.
That is why you can say that the power of the court in enforcing the Rules of Court is
very wide. For example, I am the judge and the defendant never raised the issue of
payment in his answer and he is now rising such defense. The plaintiffs lawyer will now
object and alleged that he cannot prove such defense for he never raised it in his answer.
The judge sustained the objection, You cannot prove a defense that is never raised in
your answer. Q: Is my ruling correct? A: YES because of Rule 9, Section 1 objections and
defenses not raised in the answer are deemed waived.
The defendant will now move to be allowed to amend the pleading so that I raised that
defense. The plaintiff will object to the amendment. The judge will ask the plaintiff, is
the obligation paid? NO. The defendant never paid it, answered the plaintiff. So if the
defense is false, why are you afraid? Anyway, he cannot prove it. So I will allow the
amendment.
However, if the plaintiff will answer that the defendant has already paid the obligation
but that he never raised such matter in his answer. The plaintiff now will be in bad faith.
So I will allow the amendment.
So in other words, in any way my ruling is correct because I know how to apply the
rule. So the court will allow the amendment and shall do so with liberality so LIBERALITY
should be the rule on amendment. Section 5 is a rule more on equity. While, Rule 9,
Section 1 is a rule of law. Section 5 is a relaxation of that law on technicality.
The last sentence, the court may grant a continuance to enable the amendment to be
made. Continuance means postponement. It means, postponement of the case to allow
the defendant to amend his answer first.
Part II. SUPPLEMENTAL PLEADINGS
Sec. 6. Supplemental pleadings. - Upon motion of a party the court may, upon
reasonable notice and upon such terms as are just, permit him 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) days from notice of the order
admitting the supplemental pleading. (6a)

The second part of Rule 10 is the supplemental pleading, for the first part is the
amended pleadings.
Q: How do you distinguish an AMENDED pleading from a SUPPLEMENTAL pleading?
A: Of course, the similarity between the two is the existence of ORIGINAL PLEADING.
The following are the distinctions:

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FIRST DISTINCTION: As to the allegations

An AMENDED pleading contains transactions, occurrences or events which already
happened at the time the original pleading was filed and could have been raised at the
original pleading, but which the pleader failed to raise in the original pleading because,
oversight or inadvertence or inexcusable negligence. If he wants to raise it, he must
amend the pleading. Whereas,
A SUPPLEMENTAL pleading contains transactions, occurrences or events which were
not in existence at the time the original pleading was filed but which only happened
after the filing of the original pleading and therefore, could not have been raised in the
original pleading.
That is the distinction emphasized in the New Rule Rule 11, Sections 9 and 10:
Rule 11, Section 9. Counterclaim or cross- claim arising after answer. A
counterclaim or cross-claim which either matured or was acquired by a party
after serving his pleading may, with the permission of the court, be
presented as a counterclaim or cross-claim by supplemental pleading before
Judgment.
Rule 11, Section 10. Omitted counterclaim or cross-claim. When a
pleader fails to set up a counterclaim or a cross-claim through oversight,
inadvertence, or excusable neglect, or when justice requires, he may, by
leave of court, set up the counterclaim or cross-claim by amendment before
judgment.

These provisions emphasize the difference between an amended pleading and a

supplemental pleading how do you raise a counterclaim or cross-claim which was
not raised earlier? Is it by amending the pleading or by filing d supplemental
pleading ? And that applies also to an answer where the defense or the transaction
or the cause of action supervened later.
SECOND DISTINCTION: As to effect
In an AMENDED pleading, the amended pleading supersedes the original pleading.
The original pleading is deemed erased. The amended substitutes the original. So from
the viewpoint of the law, the original pleading no longer exists. Whereas,
When a SUPPLEMENTAL pleading is filed, it does not supersede the original
pleading. In effect, there are now two (2) pleadings which stand side by side in the case
the original and the supplemental pleadings.
EXAMPLE: Mortz borrowed from Nanding P200,000 payable in 2 yearly
installments. Mortz failed to pay the first installment. Nanding filed a case. While
the case is pending, the other installment became due. Nanding will now file a
supplemental pleading and as a result, there will be two (2) complaints for
P100,000 each.
Rule in EVIDENCE: In an amended pleading, all your admissions and evidence no
longer exist because remember under the rules on Evidence, any admission that
you make in your pleading binds you under the doctrine of judicial admission where
the evidence need not be given - as if it is taken judicial notice of. The rule is, if a
pleading is amended and the amended pleading does not contain the admissions
contained in the original pleading, the judicial admission is now converted into an
extra-judicial admission and therefore the court will no longer take judicial notice of
that.
But if I want to bring it to the attention of the court an admission which is not
found there (in the amended pleading), I have to formally offer in evidence the
original pleading. Normally, you do not offer in evidence a pleading because the
court takes judicial notice of everything stated in there. But if the original pleading
is now superseded, the original must be offered in evidence to prove an admission
found in the original but not anymore in the amended one. That principle in now
found in Section 8:

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1997 Rules on Civil Procedure

2001 Edition < DRAFT COPY; Please check for errors >

Section 8. Effect of amended pleadings. - An

the pleading that it amends. However, admissions
be received in evidence against the pleader; and
therein not incorporated in the amended pleading

Rule 10
Amended and Supplemental
Pleadings
amended pleading supersedes
in superseded pleadings may
claims and defenses alleged
shall be deemed waived.

That is related to the rule in evidence that what need not be proved: judicial
notice, judicial admissions.
THIRD DISTINCTION: The filing of an AMENDED pleading could be a matter of right or of
judicial discretion under Sections 2 and 3; whereas
The filing of a SUPPLEMENTAL pleading is always a matter of judicial discretion
under Section 6. There is always leave of court.
Now, let us cite cases which are relevant to our topic on supplemental pleadings.
LEOBRERA vs. COURT OF APPEALS
170 SCRA 711
FACTS: Karen went to the bank and obtained a loan housing loan. A
promissory note was issued payable next year. After few months, Karen went
back to the bank and secured a second loan agricultural loan with another
promissory note.
When the first note became due, Karen failed to pay. So the bank sued Karen
on the first promissory note. When the case was still going on, the second loan
became due. So the bank sought to file a supplemental complaint against Karen
to collect the second loan. The maturity of the second loan happened after the
filing of the first pleading sought to be supplemented.
ISSUE: Is there a proper supplemental complaint?
HELD: NO. It is improper. Although the plaintiff and the defendant are the
same, there are two separate loans independent of each other as a matter of
fact the stipulations are not identical. It cannot be the subject matter of a
supplemental complaint. In this case, there are many types of loans secured in
different terms and conditions.
A supplemental complaint must based on matters arising subsequent to the
original complaint RELATED to the claim presented therein and founded on the
same cause of action. It cannot be used to try of another matter or a new cause
of action.
A good EXAMPLE for a supplemental complaint is when I borrow money from you for
P600,000 payable in three installments. First installment is on February for P200,000;
second installment is on April; and the last installment is on June for the last P200,000.
There is no acceleration clause. When the first installment fell due, I did not pay. So the
plaintiff filed a case against me to collect the first installment. In April, the case is still not
yet decided. In fact the second installment again fell due. Plaintiff moved to file for the
supplemental pleading. While the two cases are still pending, the last installment fell due
and again there is failure to pay, so there is another supplemental complaint.
Q: Is that proper?
A: YES because these are not two separate loans but one loan and the installments are
interrelated.
SUPERCLEAN SERVICES INC. vs. COURT OF APPEALS
258 SCRA 165 [1996]
FACTS: Superclean Service Corp. is a company engaged in
janitorial
services. A government corporation, the Home Development and Mutual Fund
(HDMF) sought a public bidding on who will be the company who shall provide
janitorial services to the offices of the HDMF for the year 1990.

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1997 Rules on Civil Procedure

2001 Edition < DRAFT COPY; Please check for errors >

Rule 10
Amended and Supplemental
Pleadings

Superclean won as it was the lowest bidder. It was suppose to start providing
the service for the year 1990. However, the HDMF refused to honor the award.
So, on November 8, 1989, Superclean filed in the RTC of Manila a complaint for
mandamus and certiorari against HDMF alleging that at public bidding for
janitorial services for the year 1990, it won as the lowest bidder but HDMF
refused without just cause, to award the contract to 'hem,
The problem was that 1990 already ended and the case was still on-going. So
it was already rendered moot and academic. What Superclean did was to file a
supplemental complaint in 1991 alleging that because the contract of service
was the furnishing of janitorial services for the year 1990, the delay in the
decision of the case has rendered the case moot and academic without
Superclean obtaining complete relief to redress the wrong committed against it
by HDMF which relied now consists of unrealized profits, exemplary damages
and attorneys fees.
So, money claim na lang dahil moot and academic na eh. Instead of pursuing
its prayer for mandamus, Superclean sought the payment of damages to it.
ISSUE: Is the filing of supplemental complaint proper in order to seek a
different relief in view of developments rendering the original complaint
impossible of attainment?
HELD: The transaction, occurrence or event happening since the filing of the
pleading, which is sought to be supplemented, must be pleaded in aid of a
party's right of defense as the case may be. [Thats the purpose of the
supplemental pleading in aid of the partys cause of action or defense] But in
the case at bar, the supervening event is not invoked for that purpose but to
justify the new relief sought.
To begin with, what was alleged as a supervening event causing damage to
Superclean was the fact that the year for which the contract should have been
made had passed without the resolution of the case. The supervening event was
cited not to reinforce or aid the original demand, which was for the execution of
a contract in petitioner's favor, but to say that, precisely because of it,
petitioner's demand could no longer be enforced, thus justifying petitioner in
changing the relief sought to one for recovery of damages. This being the case,
petitioner's remedy was not to supplement, but rather to amend its complaint.
You are actually changing the relief so that the correct remedy is not a
supplemental complaint but an amended complaint.
Be that as it may, the so-called Supplemental Complaint filed by petitioner
should simply be treated as embodying amendments to the original complaint or
petitioner may be required to file an amended complaint. So, meaning, you call
it a supplemental complaint, the court will call it as an amended complaint or the
other alternative, require him to file an amended complaint.
Sec. 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. (7a)

When a party files an amended pleading, the amendments should be indicated by

appropriated marks, normally, the amended portion is underlined.
EXAMPLE: A party would to insert an entirely new paragraph. That paragraph would be
underlined. The purpose for such marking is for the court and the opposing party to
immediately see and detect the amendment. If no appropriated mark is provided the court
and the lawyer has to compare everything, paragraph by paragraph, sentence by
sentence, line by line. Now, if there are underlines, the court will just concentrate on the
underlined portion. This is for convenience for the parties and the court.
Section 8. Effect of amended pleadings. - An amended pleading supersedes the
pleading that it amends. However, admissions in superseded pleadings may be

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1997 Rules on Civil Procedure

2001 Edition < DRAFT COPY; Please check for errors >

Rule 10
Amended and Supplemental
Pleadings

received in evidence against the pleader; and claims and defenses alleged
therein not incorporated in the amended pleading shall be deemed waived.

(Section 8: See discussion on Section 6 on distinctions between an amended and

supplemental pleading; second distinction)
The first sentence is one of the distinctions between an amended pleading and a
supplement pleading. From procedural viewpoint, the original pleading is already nonexistent. The court will no longer consider anything stated there.
EXAMPLE: You say something favorable to me. However, in his amended pleading, he
removes such statement, so that the court will not consider it anymore. Such statement is
out of the picture. Now, if you want to bring to the attention of the court the statement
found in the original pleading, you must offer the original pleading in evidence to consider
it all over again. This rule will be considered in the study of EVIDENCE.

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