This case has been cited 2 times or more.
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2013-02-25 |
PERALTA, J. |
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| Moreover, respondent's filing of their Motion to Dismiss Amended Complaint may not be considered as a circumvention of the rules of procedure. 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 As a consequence, the original complaint is deemed withdrawn and no longer considered part of the record.[15] In the present case, the Amended Complaint is, thus, treated as an entirely new complaint.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. | |||||
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2008-08-26 |
NACHURA, J. |
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| With the issue of admission of the amended complaint resolved, the question of whether or not the original complaint should have been dismissed was mooted. Section 8, Rule 10 of the Rules of Court specifically provides that an amended pleading supersedes the pleading that it amends. In this case, the original complaint was deemed withdrawn from the records upon the admission of the amended complaint.[53] This conclusion becomes even more pronounced in that the RTC already rendered a decision on the merits of the said amended complaint, not to mention the Lu Ym father and sons' concurrence in the mootness of the issue in the instant petition.[54] | |||||