Sec.

3, Rule 10 of the 1997 Rules of Civil Procedure amended the former

rule by deleting the phrase or that the cause of action or defense is
substantially altered. Hence, the amendment may now substantially alter
the cause of action or defense. This should only be true, however, when the
amendments sought to be made serve the higher interests of substantial
justice and prevent delay.1 (b) amendment of the complaint may be allowed
even if an order for its dismissal has been issued so long as the motion to
amend is filed before the order of dismissal acquired finality. However, an
amendment is not allowed where the court of origin had no jurisdiction over
the original complaint and the purpose of the amendment is to confer
jurisdiction upon the court.2
A pleading subsequently filed after an original one which states a totally
different cause of action is not a supplemental pleading and is not
permitted.3

Valenzuela v. Court of Appeals, G.R. No. 131175, August 28, 2001

Sps. Tirona vs. Hon. Alejo, G.R. No. 129313, 10 October 2001.
3
Soriano v. Court of Appeals, G.R. No. 100633, 28 August 2001.
1
2