Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 95, Quezon City

MOTION WITH LEAVE OF COURT TO ADMIT

AMENDED COMPLAINT

Plaintiffs, asdf through the undersigned counsel, unto this Honorable

Court, most respectfully state:
1. On July 30, 2019, the Plaintiffs lodged the above-named
complaint with the Regional Trial Court which was raffled to this Honorable
Court;

2. That the Complaint filed with this Honorable Court contained

allegations on Paragraph no. 9 to wit:

“9. Under TCT No. 044-223449929, Plaintiff Corazon S.

Mondares, own 3/8 portion of the property, while her three
children own the remaining portion of the property, which
was divided equally among them. However, it was never
mentioned in the TCT which portion of the property
belongs to the Plaintiffs and which is of the Defendants.
Copy of the Transfer Certificate of Title is herein attached
as Annex G;”

3. That the said allegations should have been stated, and as

reflective of the attachment provided therein, as:

“9. Under TCT No. 004-20172345, Plaintiff Corazon S.

Mondares, own 5/8 portion of the property, while her
three children own the remaining portion of the property,
which was divided equally among them. However, it was
never mentioned in the TCT which portion of the property
belongs to the Plaintiffs and which is of the Defendants.
Copy of the Transfer Certificate of Title is herein attached
as Annex G;”

4. That Section 4, Rule 10 of the Revised Rules on Civil Procedure

provides, to wit:

“Sec. 4. Amendments by leave of court. – Except as provided in the

next preceding Section, substantial amendments may be made only
 upon leave of court. But such leave may be refused if it appears to the
court that the motion was made with intent to delay. Orders of the
court upon motion filed in court, and after notice to the adverse party,
and an opportunity to be heard.” (Italics supplied)

5. That it appears that the amendments appearing therein are

substantial in nature considering they involve the description of the subject
transfer certificate of title as well as the designated share of the plaintiff
Mondares appearing in the said TCT attached to the same;

6. That in order not to prejudice the proper disposition of this case

and in order not to mislead this Honorable Court and the Defendants, said
discrepancy must be corrected to express the true and correct description
and designation of the documents attached as alleged in the complaint;

7. That said corrections are not intended to mislead the court or the
defendants or to cause delay in the proceedings;

8. That said corrections will not prejudice the rights of the

defendants herein.

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully prayed

that the Honorable Court GRANTS the Motion with Leave of Court to Admit
Amended Complaint.

OTHER RELIEFS just and equitable under the premises are likewise
prayed for.

gg Office
Unit K, No. 1143 San Frfdg, Quezon City

By:

Sfdg44

NOTICE OF HEARING

BRANCH CLERK OF COURT

Regional Trial Court
Branch 95

ATTY. MAXIMO JACOB D. RIVERA

Counsel for the Defendants

Greetings!

Kindly take notice that the said Motion shall be submitted for the
consideration and approval of the Honorable Court on 876

765

Copy Furnished:

87
Counsel for the Defendants
127 3rd St., Kamuning, Q. City
Roll No. 29819 p. 464 V. XI

EXPLANATION

A copy of this motion is served on the Counsel for the Defendant via
registered mail instead of personal service due to the distance and lack of
personnel.