Tuesday, October 14, 2014

JUSTICE PERALTA:

     AMENDMENTS:   Under Section 8, Rule 10 of the Rules of Court, an amended complaint supersedes an original one. As a consequence, the original complaint is deemed withdrawn and no longer considered part of the record. (Figuracion vs. Libi, G.R. No. 155688, November 28, 2007) In the present case, the Amended Complaint is, thus, treated as an entirely new complaint. As such, respondents had every right to move for the dismissal of the said Amended Complaint. Were it not for the filing of the said Motion, respondents would not have been able to file a petition for certiorari before the CA which, in turn, rendered the presently assailed judgment in their favor. (MERCADO VS. SPS. ESPINA [2012], PERALTA, J.) 

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