This case has been cited 2 times or more.
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2010-02-22 |
VILLARAMA, JR., J. |
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| Lastly, we find no error, much less grave abuse of discretion, on the part of the Court of Appeals in affirming the RTC's order allowing the amendment of the original complaint from P300,000.00 to P1,000,000.00 despite the pendency of a petition for certiorari filed before the Court of Appeals. While it is a basic jurisprudential principle that an amendment cannot be allowed when the court has no jurisdiction over the original complaint and the purpose of the amendment is to confer jurisdiction on the court, [23] here, the RTC clearly had jurisdiction over the original complaint and amendment of the complaint was then still a matter of right. [24] | |||||
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2003-10-24 |
PUNO, J. |
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| Petitioners' motion for admission of amended answer may be a little tardy but this by itself is not a cause for its denial. Their amended answer alleges that respondents no longer own the subject property having sold the same to de Juan who, in turn, sold the property to petitioners. These allegations, if correct, are vital to the disposition of the case at bar. The interest of justice and equity demand that they be considered to avoid a result that is iniquitous. Truth cannot be barred by technical rules. For this reason, our ruling case law holds that amendments to pleadings are generally favored and should be liberally allowed in furtherance of justice so that every case may so far as possible be determined on its real facts and in order to prevent the circuity of action. [25] | |||||