1. APPEAL AND ERROR; FORCIBLE ENTRY AND DETAINER; AMENDMENT OF COMPLAINT; CHANGE OF THEORY ON APPEAL; DAMAGES. — In an action for unlawful detainer with damages, on appeal to the Court of First Instance the complaint may be amended so as to increase the damages claimed. This amendment cannot be considered as a change of the cause of action in the justice of the peace court.

2. PLEADING AND PRACTICE; AMENDMENT OF COMPLAINT; MOTION TO DISMISS; APPEAL AND ERROR; ERRORS THAT MAY BE CORRECTED ON APPEAL; DAMAGES; NEW TRIAL. — If on motion to dismiss, the amendment is disallowed in the Court of First Instance. and the plaintiff amended his complaint to conform it to the damages claimed in the justice of the peace court, but expressly reserving his right to attack on appeal; the correctness of the court’s ruling may be corrected on appeal, and the case remanded so that plaintiff may offer proof as to the increased damages.

On June 24, 1941, plaintiffs Tomas Mapua Et. Al. leased to the defendant Suburban Theaters, Inc. the building named Cine Apolo situated at 1348 Rizal Avenue, City of Manila, for a period of three years beginning July 1, 1941, extendible to another three years with rental at the rate of P700 a month. The stipulation regarding extension reads as follows:jgc:chanrobles.com.ph

"El termino del arrendamiento es de tres años, a partir del dia 1.