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    Motion To Amend Complaint

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    jogel mendoza
    The petitioner is requesting to amend the complaint in the case of People of the Philippines vs. Juan Luna from theft to robbery. The complaint incorrectly stated the charge as theft when the incident described involved Juan Luna threatening Gregorio Del Pilar with a knife. The amendment seeks to correct this mistake by changing the charge to robbery and updating the relevant details in the complaint. The amendment does not affect the substantive rights of the parties and is requested in the interest of accurate pleadings.

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    Motion To Amend Complaint

    Uploaded by

    jogel mendoza
    75 views2 pages
    The petitioner is requesting to amend the complaint in the case of People of the Philippines vs. Juan Luna from theft to robbery. The complaint incorrectly stated the charge as theft when the incident described involved Juan Luna threatening Gregorio Del Pilar with a knife. The amendment seeks to correct this mistake by changing the charge to robbery and updating the relevant details in the complaint. The amendment does not affect the substantive rights of the parties and is requested in the interest of accurate pleadings.

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    The petitioner is requesting to amend the complaint in the case of People of the Philippines vs. Juan Luna from theft to robbery. The complaint incorrectly stated the charge as theft when the incident described involved Juan Luna threatening Gregorio Del Pilar with a knife. The amendment seeks to correct this mistake by changing the charge to robbery and updating the relevant details in the complaint. The amendment does not affect the substantive rights of the parties and is requested in the interest of accurate pleadings.

    Copyright:

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

    Motion To Amend Complaint

    Uploaded by

    jogel mendoza
    The petitioner is requesting to amend the complaint in the case of People of the Philippines vs. Juan Luna from theft to robbery. The complaint incorrectly stated the charge as theft when the incident described involved Juan Luna threatening Gregorio Del Pilar with a knife. The amendment seeks to correct this mistake by changing the charge to robbery and updating the relevant details in the complaint. The amendment does not affect the substantive rights of the parties and is requested in the interest of accurate pleadings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    THIRD JUDICIAL REGION
    BRANCH 16, LUCENA CITY

    IN THE MATTER OF CANCELLATION/


    CORRECTION OF ENTRIES IN THE
    CASE FILE

    PEOPLE OF THE PHILIPPINES,


    Complainant,

    -versus- Special Pro. No 231

    Juan Luna,
    Respondents,
    x---------------------------------------------------x

    MOTION TO AMEND COMPLAINT

    Petitioner, through the undersigned counsel and to this Honorable Court, most
    respectfully moves for leave to amend its Complaint in this matter to correct an inadvertent
    mistake. This amendment seeks to correct the file charges as follows:
    1. The Complaint charged must be ROBBERY and not THEFT as wrongly fix filed in the
    court.
    2. As stated in Number 2 of the Complaint, the fact of violation it must be Robbery
    happened on April 29, 2021 at around 4pm in the afternoon, where in fact, Juan Luna
    threaten Gregorio Del Pilar by using knife.
    3. In the Prayer, other than the prayer for correction of the case filed, it is likewise prayed
    correct the charge of complaint. But instead of theft, it is most respectfully prayed to
    change the filed case in robbery including the force and threats of Juan Luna to Gregorio
    Del Pilar.

    The requested amendment merely corrects a pleading defect and does not affect the
    substantive rights of the parties. Pertinent provision of Rule 10 of the Rules of Court provide as
    follows:
    Sec 2. Amendment as a matter of right – a party may amend his pleadings once as a
    matter of right at any time before a responsive pleading is served x x x .
    Complainant requests that this Court permit his amendment in the interest of the
    pleadings.

    A corrected copy of the Complaint reflecting proper case is attached hereto as ANNEX
    “A”. WHEREFORE, Complaint respectfully requests that this Honorable Court grant its Motion to
    Amend the Complaint to Correct the Case Filed and order that all future references to
    Complainant and this Court be made in its proper case.

    Lucena City, April 20, 2021

    _______Jose Rizal_______
    Counsel for the Complainant
    PTR No. 091234/Feb. 9, 2021
    IBP NO. 2468/LIFETIME
    Attorney’s Roll No. 67891/Exempted pursuant to
    MCLE
    GOVERNING BOARD ORDER NO. 6 S
    2021
    REQUEST:
    The Clerk of the Court
    Justice Hall, Lucena City
    Greetings:

    Immediately upon receipt hereof, kindly submit the foregoing Motion to the Clerk of
    Court of Branch 16, Lucena City for his consideration, approval and resolution, with or without
    respondent’s comment/opposition thereto.

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