This case has been cited 1 times or more.
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2010-07-09 |
PERALTA, J. |
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| The settled rule is that the filing of an amended pleading does not retroact to the date of the filing of the original; hence, the statute of limitation runs until the submission of the amendment.[22] It is true that, as an exception, this Court has held that an amendment which merely supplements and amplifies facts originally alleged in the complaint relates back to the date of the commencement of the action and is not barred by the statute of limitations which expired after the service of the original complaint.[23] The exception, however, would not apply to the party impleaded for the first time in the amended complaint.[24] | |||||