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    Barzollaba V Ca

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    Ton Rivera
    The Supreme Court held that the trial court properly admitted the amended complaint to conform to evidence presented at trial by the defendant. Specifically: 1) Section 5 of Rule 10 allows amendments to conform to evidence presented, unless the objecting party can show prejudice. 2) The defendant's witness testified about issues related to the invalidity of the foreclosure and consideration for the mortgage. 3) The amended complaint added allegations that the defendant novated the promissory notes and mortgages by unilaterally reducing the loan amount and delaying release of funds. 4) The trial court has discretion to admit such amendments to conform to the evidence, and did not abuse its discretion in this case.

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    Barzollaba V Ca

    Uploaded by

    Ton Rivera
    84 views2 pages
    The Supreme Court held that the trial court properly admitted the amended complaint to conform to evidence presented at trial by the defendant. Specifically: 1) Section 5 of Rule 10 allows amendments to conform to evidence presented, unless the objecting party can show prejudice. 2) The defendant's witness testified about issues related to the invalidity of the foreclosure and consideration for the mortgage. 3) The amended complaint added allegations that the defendant novated the promissory notes and mortgages by unilaterally reducing the loan amount and delaying release of funds. 4) The trial court has discretion to admit such amendments to conform to the evidence, and did not abuse its discretion in this case.

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    The Supreme Court held that the trial court properly admitted the amended complaint to conform to evidence presented at trial by the defendant. Specifically: 1) Section 5 of Rule 10 allows amendments to conform to evidence presented, unless the objecting party can show prejudice. 2) The defendant's witness testified about issues related to the invalidity of the foreclosure and consideration for the mortgage. 3) The amended complaint added allegations that the defendant novated the promissory notes and mortgages by unilaterally reducing the loan amount and delaying release of funds. 4) The trial court has discretion to admit such amendments to conform to the evidence, and did not abuse its discretion in this case.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    84 views2 pages

    Barzollaba V Ca

    Uploaded by

    Ton Rivera
    The Supreme Court held that the trial court properly admitted the amended complaint to conform to evidence presented at trial by the defendant. Specifically: 1) Section 5 of Rule 10 allows amendments to conform to evidence presented, unless the objecting party can show prejudice. 2) The defendant's witness testified about issues related to the invalidity of the foreclosure and consideration for the mortgage. 3) The amended complaint added allegations that the defendant novated the promissory notes and mortgages by unilaterally reducing the loan amount and delaying release of funds. 4) The trial court has discretion to admit such amendments to conform to the evidence, and did not abuse its discretion in this case.

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    © All Rights Reserved
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    of 2

    Azolla Farms v.

    CA 142
    GR No. 138085, 11 November 2014, Austria-Martinez, J.
    Chris N • Law 125 – Civil Procedure
    Topic: Amended and Supplemental Pleadings – Amendments to conform to evidence

    Petitioners-plaintiffs: Azolla Farms; Azolla Pres. Yuseco


    Respondents-defendant: Court of Appeals; Savings Bank
    Nature of the case: Appeal by certiorari (Rule 45)
    Original action: Complaint for damages

    After defendant rested its case, plaintiff filed a Motion to Admit Amended Complaint to conform
    the issues to the evidence presented by defendants. Trial court granted; CA reversed. SC held that
    the amendment was pursuant to Sec. 5, Rule 10, which gives the trial court discretion to allow
    amendments of pleadings to conform to the evidence presented, as if they had been pleaded. If
    objection to the amendment is made, the party objecting must satisfy the court that the admission
    would prejudice him.

    FACTS
     Azolla Farms obtained loans from Savings Bank for its participation in the National
    Azolla Production Program.
    o Azolla President Yuseco executed 3 promissory notes, which were secured by
    mortgages over Yuseco’s residential house, as well as his shares of stock in
     Azolla Farms.
     The Azolla project collapsed. Azolla blamed Savings Bank for the delay in the release of
     the money.
      Azolla filed a complaint for damages against Savings Bank.
     During trial, defendant Savings Bank presented its witness Venturina, who testified in
    relation to the invalidity and illegality of the foreclosure on Yuseco’s real property, as well
     as of the incompleteness and invalidity of the consideration of the said mortgage.
     After defendant Savings Bank rested its case, plaintiff Azolla filed a Motion to Admit
    Amended Complaint. The amendment added the following allegations:
    o That defendant Bank, in unilaterally reducing the agreed amount, and in unreasonably
    delaying the release of the loan, novated the promissory notes and the real
     mortgages.
      Trial court admitted the amended complaint.
     CA reversed.

    ISSUES & HOLDING


     Should the amended complaint be amended? – Yes, it should be admitted.

    RATIO
     Amended complaint should be admitted, pursuant to Sec. 5, Rule 10.
    o Sec. 5, Rule 10 envisions 2 scenarios:
     (1) When evidence is introduced on an issue not alleged in the pleadings,
     and no objection was interjected; and
     (2) When evidence is offered on an issue not alleged in the pleadings but
    an objection was interpolated.
    o In cases where an objection is made, the court may nevertheless admit the
    evidence where the adverse party fails to satisfy the court that the admission
    would prejudice him in maintaining his defense. The court may grant him
    continuance to enable him to meet the new situation.
    o In this case, it was Azolla’s belief that Savings Bank’s evidence justified the
    amendment. The trial court agreed. On this score, it should be noted that courts are
    given the discretion to allow amendments to pleadings to conform to the evidence.
    o In fact, in Bank of America v American Realty: (note: this seems to be obiter,
    because in Azolla, there was in fact an amendment)
     “If the facts shown entitled plaintiff to relief other than that asked for, no
    amendment to the complaint was necessary, especially where
     defendant had himself raised the issue.”
     “Amendment is also unnecessary when only clerical error or non
     substantial matters are involved.”
     “Rule on amendment need not be applied rigidly, particularly where
    no surprise or prejudice is caused.”

    DISPOSITIVE
    Admit amendment.

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