
Footnotes HEIRS OF PIO TEJADA et al vs. HAY et al, G.R. No. 250542, October 10,
Author: 79467545 • 177 views • 2024-04-06 23:21:34
[38] See Section 2, Rule 18 of the Rules of Court which provides:
Section 2. Nature and Purpose. — The pre-trial is mandatory. The court shall consider:
x x x x
(c) The necessity or desirability of amendments to the pleadings
.[39] See Valenzuela v. CA, 518 Phil. 68, 76 (2006) [Per J. Azcuna, Second Division].
[40] Spouses Tatlonghari v. Bangko Kayan-Ibaan Rural Bank, Inc., 792 Phil. 509, 516 (2016) [Per J. Perlas-Bernabe, First Division].
[41] Section 1. Amendments in General. — Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner.
[42] Section 3. Amendments by Leave of Court. — Except as provided in the next preceding section, substantial amendments may be made only upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. x x x
[43] Yujuico v. United Resources Asset Management, Inc., 762 Phil. 198, 207 (2015) [Per J. Perez, First Division].
[44] Id.; emphasis supplied.
[56] Yujuico v. United Resources Asset Management, Inc., 762 Phil. 198, 209 (2015) [Per J. Perez, First Division].
[57] Quirao v. Quirao, 460 Phil. 605, 612 (2003) [Per J. Puno, Third Division].
To share this notes please copy this URL and send it to your friends
Important :
This text must comply to our Terms and Conditions otherwise it will be removed from our Server.