Scribd
Upload
227 views1 page

Motion to Dismiss Amended Complaint

Petitioners filed a complaint seeking to recover property and nullify documents related to a sale. Respondents filed a motion to dismiss on grounds including prescription and being buyers in good faith. The trial court denied the motion. Petitioners then filed an amended complaint with leave of court. Respondents filed another motion to dismiss the amended complaint on the same grounds. Petitioners argued this was circumventing rules, but the Supreme Court held that an amended complaint supersedes the original, so respondents could properly move to dismiss the amended complaint.

Uploaded by

Boyet Cariaga
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
227 views1 page

Motion to Dismiss Amended Complaint

Petitioners filed a complaint seeking to recover property and nullify documents related to a sale. Respondents filed a motion to dismiss on grounds including prescription and being buyers in good faith. The trial court denied the motion. Petitioners then filed an amended complaint with leave of court. Respondents filed another motion to dismiss the amended complaint on the same grounds. Petitioners argued this was circumventing rules, but the Supreme Court held that an amended complaint supersedes the original, so respondents could properly move to dismiss the amended complaint.

Uploaded by

Boyet Cariaga
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Mercado v Sps Espina

Facts: Petitioners filed with the RTC a Complaint for Recovery of Property and Declaration of Nullity of Deed of Sale, Certificate of Title and Damages. Respondents filed a Motion to Dismiss on grounds that petitioners' cause of action is barred by prescription, laches and indefeasibility of title, and that the complaint does not state sufficient cause of action against respondents who are buyers in good faith. The RTC denied respondents' Motion to Dismiss. Meanwhile, petitioners, by leave of court, filed an Amended Complaint to include the assessed value of the subject property. Respondents filed a Motion to Dismiss Amended Complaint on same grounds as that of the original complaint. When the same was denied, respondents went to the CA on certiorari. The CA ruled in favour of respondents. Petitioners elevated the case to the SC arguing that the Motion to Dismiss Amended Complaint is a circumvention of the Rules of Court, because the matters raised therein are mere reiterations of their first motion to dismiss.

Issue: Whether or not Motion to Dismiss Amended Complaint is allowed

Held: 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. 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.

You might also like