This case has been cited 5 times or more.
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2015-06-29 |
PEREZ, J. |
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| As a matter of judicial policy, courts are impelled to treat motions for leave to file amended pleadings with liberality.[33] This is especially true when a motion for leave is filed during the early stages of proceedings or, at least, before trial.[34] Our case law had long taught that bona fide amendments to pleadings should be allowed in the interest of justice so that every case may, so far as possible, be determined on its real facts and the multiplicity of suits thus be prevented.[35] Hence, as long as it does not appear that the motion for leave was made with bad faith or with intent to delay the proceedings,[36] courts are justified to grant leave and allow the filing of an amended pleading. Once a court grants leave to file an amended pleading, the same becomes binding and will not be disturbed on appeal unless it appears that the court had abused its discretion.[37] | |||||
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2007-08-09 |
VELASCO, JR., J. |
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| It is clear from the aforequoted Sec. 3 that the trial court is accorded sound discretion to grant or deny the admission of any proposed substantial amendments to a pleading, like a complaint as in the instant case. The rule expressly provides that the proposed amendments are refused admittance if it appears that these are substantial and were made to delay the case. Generally, where the trial court has jurisdiction over the case, proposed amendments are denied if such would result in delay,[37] or would result in a change of cause of action or defense or change the theory of the case,[38] or are inconsistent with the allegations in the original complaint.[39] | |||||
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2003-10-24 |
PUNO, J. |
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| Our case law teaches us that amendments to pleadings are favored and should be liberally allowed in furtherance of justice. This liberality is greatest in the early stages of a lawsuit, decreases as it progresses, and changes at times to a strictness amounting to a prohibition. Amendments are likewise subject to the limitation that they are not dilatory. [21] Thus, trial courts are given the discretion to grant leave of court to file amended pleadings, and their exercise of this discretion will normally not be disturbed on appeal, unless there is evident abuse thereof. [22] | |||||
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2000-04-27 |
BUENA, J. |
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| Although the granting of leave to file amended pleadings is a matter peculiarly within the sound discretion of the trial court and such discretion would not normally be disturbed on appeal, it is also well to mention that this rule is relaxed when evident abuse thereof is apparent.[33] | |||||
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2000-04-27 |
BUENA, J. |
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| Hence, in certain instances we ruled that amendments are not proper and should be denied when delay would arise,[34] or when the amendments would result in a change of cause of action or defense or change the theory of the case,[35] or would be inconsistent with the allegations in the original complaint.[36] | |||||