MARIO RODIS MAGASPI vs. HONORABLE JOSE R. RAMOLETE. G.R. No. L-34840 July 20, 1982. (Digested

MARIO RODIS MAGASPI vs.HONORABLE JOSE R. RAMOLETEG.R. No. L-34840 July 20, 1982ABAD SANTOS, J.:

Civil Procedure

Facts:

On September 16, 1970, the petitioners filed a complaint for the recovery of ownership and possession of a parcel of land with damages against The Shell Co. of the Philippines, Ltd. and/or The Shell Refining Co. (Phil.) Inc., Central Visayan Realty & Investment Co., Inc. and Cebu City Savings & Loan Association in the Court of First Instance of Cebu. Upon filing and the payment of P60.00 as docketing fee and P10.00 for sheriff fees, the complaint was assigned Civil Case No. R11882.

On November 3, 1970, the plaintiffs filed a motion for leave to amend the complaint so as to include the Government of the Republic of the Philippines as a defendant. The amended complaint still sought the return of the lot in question but the pecuniary claim was limited.

Judge Canonoy on October 14, 1970, ordered the payment of P3,104.00 as additional docket fee based on the original complaint. However, the petitioners assert as an alternative view, that the docket fee be based on the amended complaint which was admitted on November 14, 1970, also by Judge Canonoy.

Issue:

Whether or not docket fee must be based on the original complaint.

Held:

No.

The petitioners have a point. "When a pleading is amended, the original pleading is deemed abandoned. The original ceases to perform any further function as a pleading. The case stands for trial on the amended pleading only. " (1 Moran, Rules of Court, 363 119701, citing Reynes v. Compania General de Tobacos de Filipinas, 21 Phil. 417; Reyman v. Director of Lands, 34 Phil, 428.)

On the basis of the foregoing, the additional docket fee to be paid by the petitioners should be based on their amended complaint.