REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF MATI

11TH JUDICIAL REGION
Mati City, Davao Oriental

SPS BELINDA LIU and Spec Proc. No. 01

HSI PIN LIU, FOR:
PLAINTIFF,
UNLAWFUL DETAINER
-versus-

MARCELINA ESPINOSA,
MARY ANN M. ESTRADA,
ARCHIE ASUMBRADO,
INESITA ASUMBRADO,
LORETO TUTOR,
ELIAS PENAS,
BENITA ABANTAO,
BASILIZA MARTIZANO,
ARMAN PARAS,
MIGUELITO M. ANTEGA,
JOVENTINO CAHULOGAN, AND
TITO TUBAC,
DEFENDANT/S,
x- - - - - - - - - - - - - - - - -//

MOTION FOR LEAVE OF COURT TO ADMIT

AMENDED COMPLAINT

COMES NOW, the Plaintiffs, Spouses Belinda Liu and

His Pin Liu, through the undersigned counsel, and unto this
Honorable Court, most respectfully state:

1. That on September 16, 2020, Plaintiffs filed a

Complaint for Unlawful Detainer docketed as Special
Proceedings No. 01, entitled “Spouses Belinda Liu and
Hsi Pin Liu versus Marcelina Espinosa, Mary Ann M.
Estrada, Archie Asumbrado, Inesita Asumbrado, Loreto
Tutor, Elias Penas, Benita Abantao, Basiliza Martizano,
 Arman Paras, Miguelito M. Antega, Joventino
Cahulogan, and Tito Tubac;

2. Unfortunately, Plaintiffs failed comply with the

formalities required under A.M. No. 19-10-20-SC; re:
“2019 Proposed Amendment To the 1997 Rules of Civil
Procedure” due to the inadvertence of the undersigned
counsel;

3. Significantly, Section 2 Rule 10 of the 2019 Proposed

Amendment To the 1997 Rules of Civil Procedure
provides:

“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.
(2a)”

4. In accordance with the above-mentioned provision,

Plaintiff hereby amends the instant complaint hereto
attached as Annex “A” ;

5. Significantly, Section 4 Rule 10 of the 2019 Proposed

Amendment To the 1997 Rules of Civil Procedure
provides:

“Section 4. Formal amendments. — A defect in

the designation of the parties and other clearly
clerical or typographical errors may be summarily
corrected by the court at any stage of the action,
at its initiative or on motion, provided no
prejudice is caused thereby to the adverse party.
(4)”

6. Consequently, in accordance with the above-mentioned

provision and Section 4 of Rule 10 of the 2019
Proposed Amendment To the 1997 Rules of Civil
 Procedure, Plaintiffs hereby amends the instant
Complaint by following the formalities required by the
rules;

7. Thus, with due respect and in the interest of justice,

the undersigned counsel is constrained to beg the
indulgence of this Honorable Court and respectfully
moves for the admission of the aforesaid Amended
Complaint;

8. Plaintiffs and counsel respectfully manifest that they do

not have the slightest intention of delaying the
proceedings or disregarding any rule and its failure to
comply with the formalities required under A.M. No. 19-
10-20-SC or the 2019 Proposed Amendment To the
1997 Rules of Civil Procedure was due to the
aforestated reason;

9. Moreover, to correct the aforementioned inadvertence,

the Plaintiffs intend to submit the Amended Complaint;

10. It is worthy to note that by allowing the admission

of the Amended Complaint, no unfairness to any of the
Defendants would result. To this date, the Defendants
have not yet served any responsive pleading.
Furthermore, the attachment is merely to conform to
procedural rules and is not intended to prejudice the
Defendants;

11. In Ginete v. CA1, the Court further held:

“Let it be emphasized that he rules of

procedure should be viewed as mere tools
designed to facilitate the attainment of justice.
Their strict and rigid application, which would
result in technicalities that tend to frustrate
rather than promote substantial justice, must
always be eschewed. Even the Rules of Court

1
G.R. No. 127596; September 24, 1998
 reflect this principle. The power to suspend or
even disregard rules can be so pervasive and
compelling as to alter even that which this
Court itself has already declared to be final, as
we are now constrained to do in the instant
case.
Xxx

The emerging trend in the rulings of this Court

is to afford every party litigant the amplest
opportunity for the proper and just
determination of this cause, free from the
constraints of technicalities. Time and again,
this Court has consistently held that rules must
not be applied rigidly so as not to override
substantial justice. (emphasis supplied)

12. Based on the foregoing, the Plaintiffs most

respectfully prays this Honorable Court to admit the
Amended Complaint and to serve the same to the
Defendants.

PRAYER

WHEREFORE, Plaintiffs respectfully pray that the

attached Amended Complaint be admitted and served by
this Honorable Court.

Such other reliefs, as this Honorable Court may deem

just and equitable are likewise prayed.

Tagum City (for Mati City), Davao Oriental, Philippines

September 23, 2020.

BALINGGAO-CARULLA-CABRERA-FELIZARDO-
RAMOS LAW OFFICE
Counsel for the Plaintiffs
St. Mary’s Ave., Tagum City, Davao del Norte
 Contact Number (084)817-0367
Email address: daisy_bcrcflawoffice@yahoo.com
 BY:

ATTY. JENNIFER C. CARULLA

Counsel for the Plaintiff
PTR No. 14344 – TAGUM CITY
IBP No. 062477, TAGUM CITY
Roll of Attorney’s No. 08012020
MCLE Compliance No. V-001, 08/01/19
TIN NO. 020-202-143

ATTY. RUBY MAY BALINGGAO

Counsel for the Plaintiff
PTR No. 55555 – TAGUM CITY
IBP No. 11111, TAGUM CITY
Roll of Attorney’s No. 10012020
MCLE Compliance No. V-001, 10/01/20
TIN NO. 300-300-143

ATTY. DAISY FELIZARDO

Counsel for the Plaintiff
PTR No. 666666 – TAGUM CITY
IBP No. 99999, TAGUM CITY
Roll of Attorney’s No. 10014020
MCLE Compliance No. V-001, 06/01/20
TIN NO. 619-159-143

ATTY. JASON CABRERA

Counsel for the Plaintiff
PTR No. 7777 – TAGUM CITY
IBP No. 2222, TAGUM CITY
Roll of Attorney’s No. 123456
MCLE Compliance No. V-001, 01/01/20
TIN NO. 800-900-000

ATTY. RONYR RAMOS

Counsel for the Plaintiff
PTR No. 00005– TAGUM CITY
IBP No. 00001, TAGUM CITY
Roll of Attorney’s No. 012564
 MCLE Compliance No. V-002, 02/01/19
TIN NO. 597-745-012

COPY FURNISHED:

MARCELINA ESPINOSA MARY ANN M. ESTRADA

Defendant Defendant

ARCHIE ASUMBRADO INESITA ASUMBRADO

Defendant Defendant

LORETO TUTOR ELIAS PENAS

Defendant Defendant

BENITA ABANTAO BASILIZA MARTIZANO

Defendant Defendant

ARMAN PARAS MIGUELITO M. ANTEGA

Defendant Defendant

JOVENTINO CAHULOGAN TITO TUBAC

Defendant Defendant
 EXPLANATION

Pursuant to Section 11, Rule 13, Rules of Court, service of

this pleading to adverse party by registered mail was
resorted to because personal service is not practical due to
lack of manpower and distance.

ATTY. JENNIFER C. CARULLA

Counsel for the Plaintiff
Balingao-Cabrera-Ramos-Carulla-Felisardo Law Office
St. Mary’s Ave., Tagum City, Davao del Norte
PTR No. 14344 – TAGUM CITY
IBP No. 062477, TAGUM CITY
Roll of Attorney’s No. 08012020
MCLE Compliance No. V-001, 08/01/19
TIN NO. 020-202-143
Contact Number (084)817-0367
Email address: daisy_bcrcflawoffice@yahoo.com