Motion for Amendment of Pleading - TEB vs Gideon PDF

Preview

Summary

REPUBLICOFTHE PHILIPPINESNATIONAL CAPITALJUDICIALREGIONREGIONAL TRIALCOURTBRANCH168, CITYOFMANILATHEEMPIRE BANKING,INC.,Plaintiff,CivilCaseNo. CV- -versus- For: Collectionfor Sumof MoneyMOFFGIDEON,Defendant, x------------------------------------------------xMOTIONTO AMENDORMODIFYTHE VERIFIEDANSWER,D...

Description

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 168, CITY OF MANILA

THE EMPIRE BANKING, INC., Plaintiff, Civil Case No. CV-5642 -versus-

For:

Collection for Sum of Money

MOFF GIDEON, Defendant, x------------------------------------------------x MOTION TO AMEND OR MODIFY THE VERIFIED ANSWER, DATED 13 FEBRUARY 2020, OF THE DEFENDANT THE DEFENDANTS, by counsel, respectfully state: 1. On 13 february 2021, the Defendant, with the assistance of Counsel, filed their Responsive Pleading to the main case which was denominated as a “VERIFIED ANSWER”; 2. In the second paragraph of Number 23 of the abovementioned answer, it said: “Defendant is 22 years old, single, no boyfriend since birth, only child, living with her parents, xxx. Xxx.” (emphasis supplied);

3. The abovequoted allegation contains a clerical error, in that, instead of “22 years old”, it should have been “42 years old”; 4. The Defendant was born on 4 May 1978; she is now 42 years old. She started using the credit card, which is the subject of this litigation, in 2000, or twenty (20) years ago, when she was only 22. 5. Although the said Verified Answer contained “admissions/ denials/ defenses/ counter-claim” and a valid “prayer”, and although voluminous documents were attached thereto in

support of the counter-allegations of ultimate facts by the Defendants, nonetheless, the undersigned Counsel for the Defendants feel that, IN THE INTEREST OF JUSTICE AND FAIR PLAY, there is a great need for him to AMEND, MODIFY, CLARIFY, IMPROVE, AND STRENGTHEN the said “Answer” of the Defendant: (a) to better protect their rights and interests, (b) to more clearly present their legal theory of the case, (c) to strengthen the legal and factual position of the Defendant and the supporting evidence in support thereof, and (d) to allege their compulsory counterclaim. 6. This Motion is not intended to delay this case but is being presented solely to serve the best interest of justice and fair play by correcting the clerical error in the Verified Answer of the Defendant. 7. Please note that the main case is yet to undergo Mediation Phase, Pretrial Phase, and Judicial Dispute Resolution Phase. It has not yet reached the Main Trial On The Merits Phase. 8. The rights of the Plaintiff and will not be injured by this fair and reasonable Motion. 9. The Defendant has not yet filed for a similar motion for Amendment of Pleadings for the same case before, hence amendments to the Verified Answer at this stage of the proceeding is a matter of right, as provided in Section 2, Rule 10 of the Rules on Civil Procedure, to wit: “Section 2. Amendments as a matter of right. — A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten (10) calendar days after it is served.”

PRAYER WHEREFORE, in the interest of justice and for the legal and factual reasons cited hereinabove, it is respectfully prayed that an Order be issued by this Honorable Court:...