Case Digest - Remedial Law, Amendments

Valenzuela vs. CA

GRN 131175 August 28, 2001

Buena, J.;


Private respondent de Guia spouses filed a complaint for specific performance against herein petitioner for the latter to execute a deed of sale in favor of the former. Valenzuela had sold the property to Quiason spouses thus, de Guia amended the complaint impleading the Quiason as defendant including other parties who may have acquired rights or interest in said property. RTC denied for its inclusion thus this petition for Certiorari.


Whether or not an amendment be allowed in as much as it radically and substantially change the cause of action and theory of the case.


Under Section 3, Rule 10 is not under the new rule that “the amendment may (now) substantially alter the cause of action or defense.” This should only be true when despite a substantial change or alteration in the cause of action or defense, the amendments sought to be made shall serve the higher interests of substantial justice, and prevent delay and equally promote the landable objectives of the rules which is to secure a just, speedy and inexpensive disposition of every action and proceeding.

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