I5. Motion for Bill of Particulars (Rule 12) Flashcards
Three Options available to the Defendant upon receipt of the Complaint (B-A-D)
- Filing of a motion for bill of particulars;
- Filing of an answer to the complaint; or
- Filing of a motion to dismiss (Riano, 2019)
Bill of Particulars - DEFINITION
“more definite statement”
“more specific allegations of facts”
It is a more definite statement consisting of amplification or more particularized outline of a pleading and being in the nature of a more specific allegation of the facts recited in the pleading. (Sec. 3, Rule 12; Herrera, 2007)
Purpose of a Bill of Particulars
kw: avers matters wt “sufficient definiteness”
- clarify the allegations in the pleading to inform wt certainty the exact char of COA.
Its purpose is to seek an order from the court directing the pleader to submit a bill of particulars which avers matters with “sufficient definiteness or particularity” to enable the movant to properly prepare his responsive pleading. In less technical terms, a function of a bill of particulars is to clarify the allegations in the pleading so an adverse party may be informed with certainty of the exact character of the cause of action or defense. (Riano, 2019)
Motion for a Bill of Particulars; when Available (2003 BAR)
-“before responding to a pleading”
-to prepare his responsive pldg
- if Reply, wtin 10 cal days
Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him or her properly to prepare his or her responsive pleading. If the pleading is a reply, the motion must be filed within 10 calendar days from service thereof. (Sec. 1, Rule 12, ROC, as amended)
Filing of Bill of Particulars
It may be filed either through a separate or an amended pleading. (Sec. 3, Rule 12, ROC, as amended)
Who can avail of Motion for Bill of Particulars
“bot ptys”
Both parties can avail of the Motion for Bill of Particulars. It is a motion that applies to any pleading which in the perception of the movant contains matters which are not alleged with sufficient definiteness or particularity. (Riano, 2019)
Requirements of Bill of Particulars
“defects, paragraphs contained, details desired”
Aside from the requirements for a motion as set forth in Rule 15, the motion shall point out:
- The defects complained of;
- The paragraphs wherein they are contained; and
- The details desired. (Sec. 1, Rule 12, ROC, as amended)
ACTION OF THE COURT
DGO
- Deny it outright;
- Grant it outright; or
- Allow the parties the opportunity to be heard. (Sec. 2, Rule 12)
Motion granted/Effects. Where to file a more definite statement.
-effected wtin 10 cal days from notice of order
-filed in a separate or amended pleading serving it on the adverse pty
-
If the motion is granted, either in whole or in part, it must be effected within 10 calendar days from notice of the order, unless a different period is fixed by the court.
The bill of particulars or a more definite statement ordered by the court may be filed in a separate or in an amended pleading, serving a copy thereof on the adverse party. (Sec. 3, Rule 12, ROC, as amended)
Non-Compliance with the Order of a Bill of
Particulars
*i. not obeyed/ insuff
a. strike out pldg or portion
b. make orders- just
ii. pl disobedient– complaint strike off / dismissed
iii. def disobedient- answer stricken off, counterclaim dismissed, default upon motion of plaint.
- If the order is not obeyed or in case of insufficient compliance therewith, the court:
a. May order the striking out of the pleading or the portion thereof to which the order is directed; or
b. Make such order as it may deem just (Sec. 4, Rule 12, ROC, as amended
- If plaintiff is disobedient, his or her complaint will be stricken off and dismissed (Sec. 3, Rule 17, ROC, as amended);
- If defendant is disobedient, his answer will be stricken off and his counterclaim dismissed, and he will be declared in default upon motion of the plaintiff.
(Sec. 4, Rule 17; Sec. 3, Rule 9, ROC, as amended)
(2003, 2008 BAR)
Q: Within the period for filing a responsive pleading, the defendant filed a motion for a bill of particulars that he set for hearing on a certain date. However, the defendant was surprised to find on the date set for hearing that the trial court had already denied the motion on the day of its filing, stating that the allegations of the complaint were sufficiently made.
- Did the judge gravely abuse his discretion in acting on the motion without waiting for the hearing set for the motion?
- If the judge grants the motion and orders the plaintiff to file and serve the bill of particulars, can the trial judge dismiss the case if the plaintiff does not comply with the order? (2008 BAR)
*1. court is not mandated to conduct a hearing
2.
A:
- NO. Sec. 2, Rule 12 authorizes the court to either deny or grant said motion outright or allow the parties an opportunity to be heard. The court is not mandated to conduct a hearing.
- YES. Sec. 4, Rule 12 authorizes the court to order the striking out of the pleading affected, hence the dismissal of the complaint. To the same end is the provision of Sec. 3, Rule 17 when the plaintiff fails to comply for no justifiable cause with any order of the court or with the Rules
EFFECT ON THE PERIOD TO FILE
A RESPONSIVE PLEADING
*1. After service of BOP/ more definite pldg OR after notice of denial of his/her motion - file
-pd: pd entitled not less 5 cal days
After service of the bill of particulars or of a more definite pleading, or after notice of denial of his or her motion, the moving party may file his or her responsive pleading within the period to which he or her was entitled at the time of filing his or her motion, which shall not be less than 5 calendar days in any event. (Sec. 5, Rule 12, ROC, as amended)
