Análisis de característica formales

may be received in evidence against the pleader; and claims and defenses alleged therein not incorporated in the amended pleading shall be deemed waived.

That is related to the rule in evidence that what need not be proved: judicial notice, judicial admissions.

THIRD DISTINCTION: The filing of an AMENDED pleading could be a matter of right or of judicial discretion under Sections 2 and 3; whereas

The filing of a SUPPLEMENTAL pleading is always a matter of judicial discretion under Section 6. There is always leave of court.

Now, let us cite cases which are relevant to our topic on supplemental pleadings.

LEOBRERA vs. COURT OF APPEALS

170 SCRA 711

FACTS: Karen went to the bank and obtained a loan – housing loan. A promissory note was issued payable next year. After few months, Karen went back to the bank and secured a second loan – agricultural loan with another promissory note.

When the first note became due, Karen failed to pay. So the bank sued Karen on the first promissory note. When the case was still going on, the second loan became due. So the bank sought to file a supplemental complaint against Karen to collect the second loan. The maturity of the second loan happened after the filing of the first pleading sought to be supplemented.

ISSUE: Is there a proper supplemental complaint?

HELD: NO. It is improper. Although the plaintiff and the defendant are the same, there are two separate loans independent of each other as a matter of fact the stipulations are not identical. It cannot be the subject matter of a supplemental complaint. In this case, there are many types of loans secured in different terms and conditions.

“A supplemental complaint must based on matters arising subsequent to the original complaint RELATED to the claim presented therein and founded on the same cause of

action.” It cannot be used to try of another matter or a new cause of action.

A good EXAMPLE for a supplemental complaint is when I borrow money from you for P600,000 payable in three installments. First installment is on February for P200,000; second installment is on April; and the last installment is on June for the last P200,000. There is no acceleration clause. When the first installment fell due, I did not pay. So the plaintiff filed a case against me to collect the first installment. In April, the case is still not yet decided. In fact the second installment again fell due. Plaintiff moved to file for the supplemental pleading. While the two cases are still pending, the last installment fell due and again there is failure to pay, so there is another supplemental complaint.

Q: Is that proper?

A: YES because these are not two separate loans but one loan and the installments are interrelated.

SUPERCLEAN SERVICES INC. vs. COURT OF APPEALS

258 SCRA 165 [1996]

FACTS: Superclean Service Corp. is a company engaged in janitorial services. A government corporation, the Home Development and Mutual Fund (HDMF) sought a public bidding on who will be the company who shall provide janitorial services to the offices of the HDMF for the year 1990.

Superclean won as it was the lowest bidder. It was suppose to start providing the service for the year 1990. However, the HDMF refused to honor the award. So, on November 8, 1989, Superclean filed in the RTC of Manila a complaint for mandamus and certiorari against HDMF alleging that at public bidding for janitorial services for the year 1990, it won as the lowest bidder but HDMF refused without just cause, to award the contract to 'hem,

The problem was that 1990 already ended and the case was still on-going. So it was already rendered moot and academic. What Superclean did was to file a supplemental complaint in 1991 alleging that because the contract of service was the furnishing of janitorial services for the year 1990, the delay in the decision of the case has rendered the case moot and academic without Superclean obtaining complete relief to redress the wrong committed against it by HDMF which relied now consists of unrealized profits, exemplary damages and attorney’s fees.

So, money claim na lang dahil moot and academic na eh. Instead of pursuing its prayer for mandamus, Superclean sought the payment of damages to it.

ISSUE: Is the filing of supplemental complaint proper in order to seek a different relief in view of developments rendering the original complaint impossible of attainment?

HELD: “The transaction, occurrence or event happening since the filing of the pleading, which is sought to be supplemented, must be pleaded in aid of a party's right of defense as the case may be. [That’s the purpose of the supplemental pleading – in aid of the party’s cause of action or defense] But in the case at bar, the supervening event is not invoked for that purpose but to justify the new relief sought.”

“To begin with, what was alleged as a supervening event causing damage to Superclean was the fact that the year for which the contract should have been made had passed without the resolution of the case. The supervening event was cited not to reinforce or aid the original demand, which was for the execution of a contract in petitioner's favor, but to say that, precisely because of it, petitioner's demand could no longer be enforced, thus justifying petitioner in changing the relief sought to one for recovery of damages. This being the case,

petitioner's remedy was not to supplement, but rather to amend its complaint.” You are actually changing the relief so that the correct remedy is not a supplemental complaint but an amended complaint.

“Be that as it may, the so-called Supplemental Complaint filed by petitioner should simply be treated as embodying amendments to the original complaint or petitioner may be required to file an amended complaint.” So, meaning, you call it a supplemental complaint, the court will call it as an amended complaint or the other alternative, require him to file an amended complaint.

Sec. 7. Filing of amended pleadings. - When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed. (7a)

When a party files an amended pleading, the amendments should be indicated by appropriated marks, normally, the amended portion is underlined.

EXAMPLE: A party would to insert an entirely new paragraph. That paragraph would be underlined. The purpose for such marking is for the court and the opposing party to immediately see and detect the amendment. If no appropriated mark is provided the court and the lawyer has to compare everything, paragraph by paragraph, sentence by sentence, line by line. Now, if there are underlines, the court will just concentrate on the underlined portion. This is for convenience for the parties and the court.

Section 8. Effect of amended pleadings. - An amended pleading supersedes