AN AMENDED COMPLAINT THAT CHANGES THE PLAINTIFF’S CAUSE OF ACTION IS TECHNICALLY A NEW COMPLAINT

An amended complaint that changes the plaintiff’s cause of action is technically a new complaint.  Consequently, the action is deemed filed on the date of the filing of such amended pleading, not on the date of the filing of its original version.  Thus, the statute of limitation resumes its run until it is arrested by the filing of the amended pleading.  The Court acknowledges, however, that an amendment which does not alter the cause of action but merely supplements or amplifies the facts previously alleged, does not affect the reckoning date of filing based on the original complaint.  The cause of action, unchanged, is not barred by the statute of limitations that expired after the filing of the original complaint.( Wallem Philippines Shipping, Inc. v. S.R. Farms, Inc., G.R. No. 161849, July 9, 2010.) (Spouses Vicente Dionisio at Anita Dionisio vs. Wilfredo Linsangan, G.R. No. 178159,   March 2, 2011, ABAD, J.).