8/13/2019 Amendments to Pleadings

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RUDOLF LIETZ HOLDINGS, INC., petitioner, vs. THE REGISTRY OF DEEDS OF PARAAQUE CITY, respondent. G.R. No. 133240, November 15, 2000

X x x.Amendments to pleadings are liberally allowed in furtherance of justice, in order that every case may so far as possible be determined on its real facts, and inorder to speed the trial of cases or prevent the circuitry of action and unnecessary expense. The trial court, therefore, should have allowed the amendment proposed by petitioner for in so doing, it would have allowed the actual merits ofthe case to be speedily determined, without regard to technicalities, and in themost expeditious and inexpensive manner.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 arepresented, their rights determined and the case decided on the merits without unnecessary delay. This liberality is greatest in the early stages of a lawsuit,especially in this case where the amendment

to the complaint was made before the trial of the case thereby giving petitionerall the time allowed by law to answer and to prepare for trial.X x x.

b. RODRIGO QUIRAO, MONICA QUIRAO, ROBERTO QUIRAO, EDILBERTO QUIRAO, JESUS GOLE,GERARDO QUIRAO, LAMBERTO VALDEZ & FEDERICO QUIRAO, petitioners, vs. LYDIA QUIRAO

& LEOPOLDO QUIRAO, JR., G.R. No. 148120, October 24, 2003.X x x.In the case at bar, petitioners filed their motion for leave of court to admit amended answer only after respondents have rested their case. Petitioners argue that the error was due to the oversight of the three previous counsels. Petitionersfourth counsel also claims that he learned of the alternative defense late ashis clients (petitioners herein) did not inform him of the Deed of Sale. Allegedly, they relied on the advice of their previous counsels that the said deed of sale was a mere scrap of paper because it was not signed by Carlito de Juan.Respondents contend that petitionersmotion is too late in the day.

Petitionersmotion 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 cannotbe 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 onits real facts and in order to prevent the circuity of action.

We should always bear in mind that rules of procedure are mere tools designed tofacilitate the attainment of justice. Their strict and rigid application especially on technical matters, which

tends to frustrate rather than promote substantial justice, must be avoided. Technicality, when it deserts its proper office as an aid to justice and becomes its great hindrance and chief enemy, deserves scant consideration from the courts.

X x x.