This case has been cited 1 times or more.
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2010-07-26 |
MENDOZA, J. |
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| In an earlier case, the Court decreed that amendments of pleadings may be resorted to subject to the condition that "the amendments sought do not alter the cause of action of the original complaint."[12] More aptly, in another case, the Court pronounced that amendment of pleadings may be resorted to, so long as the intended amendments are not inconsistent with the allegations in the initial complaint, and are obviously intended to clarify the intrinsic ambiguity in it with respect to the time of accrual of the cause of action.[13] In Juasing Hardware v. Mendoza[14] where the old provision was applied, this Court reiterated its previous pronouncement in Shaffer v. Palma.[15] Thus: The courts should be liberal in allowing amendments to pleadings to avoid multiplicity of suits and in order that the real controversies between the parties are presented and the case decided on the merits without unnecessary delay. This rule applies with more reason and with greater force when, as in the case at bar, the amendment sought to be made refers to a mere matter of form and no substantial rights are prejudiced.[16] | |||||