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*
SPS. VICENTE DIONISIO AND ANITA DIONISIO,
petitioner, vs. WILFREDO LINSANGAN, respondent.
cause of action, the test is whether such amendment now requires the
The action is deemed filed on the date of the filing of such amended
not affect the reckoning date of filing based on the original complaint.
complaint. Here, both the original and the amended complaint required
stayed on the land after Emiliana left out of the owners mere tolerance
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and that the latter had demanded that he leave. Indeed, Wilfredo did not
find the need to file a new answer.
* SECOND DIVISION.
the jurisdiction of the DARAB. But the jurisdiction of the court over the
425
425 complaint. Besides, the records show that Wilfredo failed to substantiate
his claim that he was a tenant of the land. The MTC records show that
on the date of the filing of its original version. Thus, the statute of
aside from the assertion that he is a tenant, he did not present any
amended
pleading.
The
Court
acknowledges,
however,
that
an
amendment which does not alter the cause of action but merely
Same;
Special
Civil
Actions;
Unlawful
Detainer;
Essential
supplements or amplifies the facts previously alleged, does not affect the
land upon mere tolerance of the owner, such tolerance must be present at
property; and (4) within a year from plaintiffs last demand that
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26
Dionisio vs. Linsangan
with or by tolerance of the plaintiff; (2) eventually, however, such
possession
became
illegal
upon
plaintiffs
notice
to
defendant,
1 Rollo, p. 92.
427
427
428
428
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7 Wallem Philippines Shipping, Inc. v. S.R. Farms, Inc., G.R. No. 161849, July
9, 2010, 624 SCRA 329.
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