Section 8. Effect of amended pleadings. — An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived. (Rule 10, Rules of Court)
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What is the effect of the amendment on the original pleading?
● An amended pleading supersedes the original one which it amends (Sec. 8, Rule 10, Rules of Court). The original pleading loses its status as a pleading, is deemed withdrawn and disappears from the record.
What is the effect of the amendment on admissions made in the original pleading?
● Admissions made in the original pleadings cease to be judicial admissions. They are to be considered as extrajudicial admissions.
Consequently, the original complaint, having been amended, lost its character as a judicial admission, which would have required no proof, and became merely an extrajudicial admission, the admissibility of which, as evidence, required its formal offer.
In virtue thereof, the amended complaint takes the place of the original. The latter is regarded as abandoned and ceases to perform any further function as a pleading. The original complaint no longer forms part of the record. (Ching vs. Court of Appeals, G.R. No. 110844. April 27, 2000)
Bar Question 1993
In an action for reconveyance of a parcel of land filed in the Regional Trial Court, the defendant through his lawyer filed an answer therein admitting the averment in the complaint that the land was acquired by the plaintiff through inheritance from his parents, the former owners thereof.
Subsequently, the defendant changed his lawyer and, with leave of court, amended the answer. In the amended answer, the abovementioned admission no longer appears. Instead, the alleged ownership of the land by the plaintiff was denied coupled with the allegation that the defendant is the owner of the land for the reason that he bought the same from the plaintiff's parents during their lifetime.
After trial, the Regional Trial Court rendered a decision upholding the defendant's ownership of the land. On appeal, the plaintiff contended that the defendant is bound by the admission contained in his original answer. Is the contention of plaintiff correct?
Suggested answer:
The contention of the plaintiff is not correct. An amended pleading supersedes the pleading that it amends (Sec. 8, Rule 10, Rules of Court). The amended pleading, therefore, is deemed withdrawn and no longer part of the record and the admissions therein are no longer under the category of judicial admissions. Admissions in superseded pleadings may however be received in evidence against the pleader as extrajudicial admissions provided they are offered in evidence.
In an action for reconveyance of a parcel of land filed in the Regional Trial Court, the defendant through his lawyer filed an answer therein admitting the averment in the complaint that the land was acquired by the plaintiff through inheritance from his parents, the former owners thereof.
Subsequently, the defendant changed his lawyer and, with leave of court, amended the answer. In the amended answer, the abovementioned admission no longer appears. Instead, the alleged ownership of the land by the plaintiff was denied coupled with the allegation that the defendant is the owner of the land for the reason that he bought the same from the plaintiff's parents during their lifetime.
After trial, the Regional Trial Court rendered a decision upholding the defendant's ownership of the land. On appeal, the plaintiff contended that the defendant is bound by the admission contained in his original answer. Is the contention of plaintiff correct?
Suggested answer:
The contention of the plaintiff is not correct. An amended pleading supersedes the pleading that it amends (Sec. 8, Rule 10, Rules of Court). The amended pleading, therefore, is deemed withdrawn and no longer part of the record and the admissions therein are no longer under the category of judicial admissions. Admissions in superseded pleadings may however be received in evidence against the pleader as extrajudicial admissions provided they are offered in evidence.
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