Monday, February 15, 2010

COMELEC Rules of Procedure - Rule 9

Part III

Rule 9
Amended and Supplemental Pleadings


Section 1. When Amendments Allowed as a Matter of Right. - A party may amend his pleadings once as a matter of course at any time before a responsive pleading is served, or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within five days after it is served.

Sec. 2. Amendments Only by Leave. - After the case is set for hearing, substantial amendments may be made only upon leave of the Commission or the Division, as the case may be.  Such leave may be refused if it appears to the Commission or the Division that the motion was made with intent to delay the action or that the cause of action or defense is substantially altered.  Orders of the Commission or the Division upon the matters provided in this section shall be made upon motion duly filed, and after the adverse party has been notified and afforded an opportunity to be heard.

Sec. 3. Matters Subject of Supplemental Pleadings. - Upon motion of a party the Commission or a Division, as the case may be, may, upon notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented.  If the Commission or the Division deems it advisable that the adverse party should plead thereto, it shall so order, specifying the time therefor.

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