Thursday, December 27, 2012

EXCEPTION TO THE PROSCRIPTION AGAINST AN AMENDMENT TO CONFER JURSIDICTION TO THE COURT:

The High Court pronounced that while it is a basic jurisprudential principle that an amendment cannot be allowed when the court has no jurisdiction over the original complaint and the purpose of the amendment is to confer jurisdiction on the court (Siasoco v. Court of Appeals, G.R. No. 132753, February 15, 1999, 303 SCRA 186, 196), the RTC in the case clearly had jurisdiction over the original complaint and the amendment of the complaint was then still a matter of right under Section 2, Rule 10 of the Rules of Court.  Ergo, the amendment of the complaint was in order. (IRENE SANTE AND REYNALDOSANTE vs. HON. EDILBERTO T. CLARAVALL, G.R. No. 173915, February 22, 2010, VLLARAMA, JR., J.). 

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