![]() ![]() It is precisely for this reason that We indirectly suggested in the said decision that the petitioner's remedy is to file a motion for a bill of particulars and not a motion to dismiss. We have carefully, scrutinized the paragraphs of the expanded Second Amended Complaint subject of the petitioner's motion for a bill of particulars and find the same to be couched in general terms and wanting in definiteness or particularity. ![]() 1, RULE 12 OF THE REVISED RULES OF COURT IS BEYOND DISPUTE IN CASE AT BAR REASON. PROPRIETY OF THE MOTION FOR A BILL OF PARTICULARS UNDER SEC. The latter task assumes added significance because defenses not pleaded (save those excepted in Section 2, Rule 9 of the Revised Rules of Court and, whenever appropriate, the defense of prescription) 27 in a motion to dismiss or in the answer are deemed waived.Ģ. ![]() ![]() " The proper preparation of an intelligent answer requires information as to the precise nature, character, scope and extent of the cause of action in order that the pleader may be able to squarely meet the issues raised, thereby circumscribing them within determined confines and, preventing surprises during the trial, and in order that he may set forth his defenses which may not be so readily availed of if the allegations controverted are vague, indefinite, uncertain or are mere general conclusions. Sandiganbayan, this Court also said: The complaint for which a bill for a more definite statement is sought, need only inform the defendant of the essential (or ultimate) facts to enable him, the defendant to prepare an intelligent answer. " in Section 1 of Rule 12 implies not just the opportunity to properly prepare a responsive pleading but also, and more importantly, to prepare an intelligent answer. Also it is not the office or function, or a proper object, of a bill of particulars to set forth the pleader's theory of his cause of action or a rule of evidence on which he intends to rely, or to furnish evidential information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded." The phrase "to enable him properly to prepare his responsive pleading. It is not the office of a bill of particulars to supply material allegations necessary to the validity of a pleading, or to change a cause of action or defense stated in the pleading, or to state a cause of action or defense other than the one stated. A general function or purpose of a bill of particulars is to prevent injustice or do justice in the case when that cannot be accomplished without the aid of such a bill. It has also been stated that it is the function or purpose of a bill of particulars to define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court. Sandiganbayan: "It is the office or function, as well as the object or purpose, of a bill of particulars to amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information, not contained in the pleading, to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied on by the pleader, and apprise the opposite party of the case which he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his answering pleading and preparing for trial. REMEDIAL LAW BILL OF PARTICULARS PURPOSE. THE HONORABLE SANDIGANBAYAN and THE PEOPLE OF THE PHILIPPINES, respondents.Īngara, Abello, Concepcion, Regala & Cruz for petitioner.ġ. ![]()
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