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WALLEM PHILIPPINES SHIPPING, INC., v. S.R. FARMS, INC., G.R. No. 161849. July 9, 2010. (Digested)

WALLEM PHILIPPINES SHIPPING, INC., v. S.R. FARMS, INC.,G.R. No. 161849. July 9, 2010

Civil Procedure


Whether or not that the filing of the Amended Complaint against petitioner should retroact to the date of the filing of the original complaint.


 The settled rule is that the filing of an amended pleading does not retroact to the date of the filing of the original; hence, the statute of limitation runs until the submission of the amendment. It is true that, as an exception, this Court has held that an amendment which merely supplements and amplifies facts originally alleged in the complaint relates back to the date of the commencement of the action and is not barred by the statute of limitations which expired after the service of the original complaint.The exception, however, would not apply to the party impleaded for the first time in the amended complaint.

The rule on the non-applicability of the curative and retroactive effect of an amended complaint, insofar as newly impleaded defendants are concerned, has been established as early as in the case of Aetna Insurance Co. v. Luzon Stevedoring Corporation.[25] In the said case, the defendant Barber Lines Far East Service was impleaded for the first time in the amended complaint which was filed after the one-year period of prescription. The order of the lower court dismissing the amended complaint against the said defendant on ground of prescription was affirmed by this Court.

In the instant case, petitioner was only impleaded in the amended Complaint of June 7, 1993, or one (1) year, one (1) month and twenty-three (23) days from April 15, 1992, the date when the subject cargo was fully unloaded from the vessel. Hence, reckoned from April 15, 1992, the one-year prescriptive period had already lapsed.

Having ruled that the action against petitioner had already prescribed, the Court no longer finds it necessary to address the other issues raised in the present petition.

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