Practice question
A complaint imperfectly describes an already existing breach; another complaint concerns no breach until months after filing. Must the two situations be treated as identical amendment problems?
- Yes; every missing cause is only a typographical defect.
- No; defective pleading of an existing cause differs from absence of any cause at commencement.
- Yes; any future event automatically existed at filing.
- Yes; an amended caption necessarily creates an earlier violation.
- Yes; actual accrual is irrelevant under Rule 2.
Legal references
- Swagman Hotels and Travel, Inc. v. Court of Appeals, G.R. No. 161135, April 8, 2005, main decision, existing breach and cause at commencement: https://lawphil.net/judjuris/juri2005/apr2005/gr_161135_2005.html
- 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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