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Irene Marcos-Araneta V CA: For Conveyance of Shares of Stock, Accounting and Receivership Against The Benedicto Group

The RTC dismissed Irene's original complaints but allowed her to file an amended complaint before acting on her motion for reconsideration of the dismissal. Julita and Francesca then filed a motion to dismiss the amended complaint. The RTC denied this, finding that under Rule 10, a plaintiff may amend their complaint once as a matter of right before a responsive pleading is filed. A motion to dismiss is not considered a responsive pleading. Therefore, Irene was within her rights to file an amended complaint after the original complaints were dismissed but before the dismissal order became final, and the RTC properly allowed the amended complaint.

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84 views1 page

Irene Marcos-Araneta V CA: For Conveyance of Shares of Stock, Accounting and Receivership Against The Benedicto Group

The RTC dismissed Irene's original complaints but allowed her to file an amended complaint before acting on her motion for reconsideration of the dismissal. Julita and Francesca then filed a motion to dismiss the amended complaint. The RTC denied this, finding that under Rule 10, a plaintiff may amend their complaint once as a matter of right before a responsive pleading is filed. A motion to dismiss is not considered a responsive pleading. Therefore, Irene was within her rights to file an amended complaint after the original complaints were dismissed but before the dismissal order became final, and the RTC properly allowed the amended complaint.

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Irene Marcos-Araneta v CA Case Flow:

 
RULE 10:
RTCAMENDED
- dismissedAND
bothSUPPLEMENTAL
complaints (Irene)PLEADINGS
 
Irene MR---opposed
Facts: Pending resolution of her motion for
Petition for Review on Certiorari reconsideration, Irene filed on July 17, 2000 a
  Motion (to Admit Amended
Ambassador Benedicto, now deceased, organized Far East Managers and Complaint), attaching therewith a copy of the
Investors, Inc (FEMII) and Universal Equity Corporation (UEC), Amended Complaint. Here, there were additional
respectively.Irene alleged that both corporations were organized plaintiffs (Irene's new trustees) Parenthetically,
pursuant to a contract or arrangement whereby Benedicto, as trustor, the amended complaint stated practically the
placed in his name and in the name of his associates, as trustees, the same cause of action but, as couched, sought the
shares of stocks of FEMII and UEC with the obligation to hold those shares reconveyance of the FEMII shares only.
and their fruits in trust and for the benefit of Irene to the extent of 65% of  
such shares. Several years after, Irene, through her trustee-husband, RTC- denied MR but deferred action on her
Gregorio Ma. Araneta III, demanded the reconveyance of said 65% motion to admit amended complaint and the
stockholdings, but the Benedicto Group refused to oblige. opposition thereto
Thereafter, it was granted.
Irene instituted 2 similar complaints for conveyance of shares of stock,  
accounting and receivership against the Benedicto Group. Jualita and Francesca MD the amended
Respondent Francisca Benedicto-Paulino, Benedicto's daughter, filed a complaint.
Motion to Dismiss Civil Case No. 3341-17, followed later by an Amended RTC- the filing of the amended complaint ipso
Motion to Dismiss. Benedicto, on the other hand, moved to dismiss Civil facto supersede the original complaints, the
Case No. 3342-17, adopting in toto the five (5) grounds raised by Francisca dismissal of which, per the June 29, 2000 Order,
in her amended motion to dismiss. had not yet become final at the time of the filing
Irene then filed a Consolidated opposition. Benedicto also motioned that of the amended complaint.
his cases be consolidated.  
Jualita and Francesca went to CA for certiorari.
Later developments saw the CA issuing a
Issue: TRO18 and then a writ of preliminary
Whether or not the amended complaints in the lower courts should injunction19 enjoining the RTC from conducting
be dismissed because, at the time it was filed, there was no more further proceedings on the subject civil cases.
original complaint to amend.  
CA- set aside RTC decision

Ruing
 No
 Sec. 2 of Rule 10 of the Rules of Court which provides:
SEC. 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) days after it is served.
 
As the aforequoted provision makes it abundantly clear that the plaintiff may amend his complaint once as a matter of right, i.e.,
without leave of court, before any responsive pleading is filed or served.
A motion to dismiss is not a responsive pleading for purposes of Sec. 2 of Rule 10.33 Assayed against the foregoing perspective,
the RTC did not err in admitting petitioners' amended complaint, Julita and Francisca not having yet answered the original
complaints when the amended complaint was filed. At that precise moment, Irene, by force of said Sec. 2 of Rule 10, had, as a
matter of right, the option of amending her underlying reconveyance complaints.
 
It should be pointed out, however, that the finality of such dismissal order had not set in when Irene filed the amended complaint
Thus, when Irene filed the amended complaint on July 17, 2000, the order of dismissal was not yet final, implying that there was
strictly no legal impediment to her amending her original complaints.

*Responsive pleadings are those who seek affirmative relief and/or set up defenses, like an answer, An MD is not a
responsive pleading for purposes if Sec 2 of Rule 10.

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