This case has been cited 2 times or more.
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2013-09-11 |
VILLARAMA, JR., J. |
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| However, petitioner raised the issue of improper venue for the first time in the Answer itself and no prior motion to dismiss based on such ground was filed. Under the Rules of Court before the 1997 amendments, an objection to an improper venue must be made before a responsive pleading is filed. Otherwise, it will be deemed waived.[15] Not having been timely raised, petitioner's objection on venue is therefore deemed waived. | |||||
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2008-08-22 |
VELASCO JR., J. |
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| As the aforequoted provision makes it abundantly clear that the plaintiff may amend his complaint once as a matter of right, i.e., without leave of court, before any responsive pleading is filed or served. Responsive pleadings are those which seek affirmative relief and/or set up defenses,[32] like an answer. A motion to dismiss is not a responsive pleading for purposes of Sec. 2 of Rule 10.[33] Assayed against the foregoing perspective, the RTC did not err in admitting petitioners' amended complaint, Julita and Francisca not having yet answered the original complaints when the amended complaint was filed. At that precise moment, Irene, by force of said Sec. 2 of Rule 10, had, as a matter of right, the option of amending her underlying reconveyance complaints. As aptly observed by the RTC, Irene's motion to admit amended complaint was not even necessary. The Court notes though that the RTC has not offered an explanation why it saw fit to grant the motion to admit in the first place. | |||||