Bill of Particulars

Rule 12

Section 1. When applied for; purpose. — 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 averted with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply, the motion must be filed within ten (10) days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired.

Section 2. Action by the court. — Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court which may either deny or grant it outright, or allow the parties the opportunity to be heard.

Section 3. Compliance with order. — If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) 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 either in a separate or in an amended pleading, serving a copy thereof on the adverse party.

Section 4. Effect of non-compliance. — If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or the portions thereof to which the order was directed or make such other order as it deems just.

Section 5. Stay of period to file responsive pleading. — After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion, which shall not be less than five (5) days in any event.

Section 6. Bill a part of pleading. — A bill of particulars becomes part of the pleading for which it is intended.

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Only four things to remember in Bill of Particulars:

1. What is the definition of BOP?

2. What is the period to file a BOP?

3. What is the action taken by the court in BOP?

4. What is the consequence of failure to comply with order to file a BOP?

What is the concept of Bill of Particulars?

The complaint or a pleading may be vague or ambiguous. This being so, the defendant may not possibly be in a position to file an answer. Before he files the answer, he has a remedy to secure from the plaintiff a clear allegation of the facts, the defendant considers as vague.

Example:

This is an action filed by A against B for recovery of a lot. The allegation in the complaint alleges that A is the owner of the lot in QC which he has always been in possession of for a number of years until B ejected him (A) therefrom.

Q. You are B, do you know what is this lot in QC?

A. In an action for recovery, the identity of the property must be stated. So the owner itself requires that the identity by its boundaries (technical description). A should have described in his complaint the boundaries, area etc. of the lot in question. If you were B, unless you know the description of this lot A is talking about, you cannot possibly file an intelligent answer.

Q. So what are you allowed to do before you file the answer?

A. You want that land to be identified, so you file a motion to require A to submit a bill of particulars.

Q. What is the purpose in asking the court to order A to submit a bill of particulars?

A. Your purpose is to allow you to properly file your answer, because unless you know the lot A talking about, you cannot possibly file an intelligent answer. So the purpose therefore is to clarify an ambiguity in order to answer the complaint intelligently.

What is the purpose for filing of a motion for a bill of particulars?

The purpose of the motion is to seek an order from the court directing the pleader to submit a bill of particulars which avers matters with sufficient definitiveness or particularity to enable the movant to prepare his responsive pleading (Sec. 1, Rule 12). In other words, the 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 a cause of action or a defense. Without the clarifications sought by the motion, the movant may be deprived of the opportunity to submit an intelligent responsive pleading.

When may a motion for Bill of Particulars be filed?

A motion for a bill of particulars is to be filed before responding to a pleading (Sec. 1, Rule 12).

The period to file a motion refers to the period for filing the responsive pleading in Rule 11. Thus, where the motion for bill of particulars is directed to a complaint, the motion should be filed within fifteen (15) days after service of summons. If the motion is directed to a counterclaim, then the same must be filed within ten (10) days from service of the counterclaim which is the period provided for by Sec. 4, Rule 11 to answer a counterclaim. In case of a reply to which no responsive pleading is provided for by the Rules, the motion for bill of particulars must be filed within ten (10) days of the service of said reply (Sec. 1, Rule 12).

Can you file a motion for BOP after an answer has been filed?

No more, because the issues have already been joined. A motion for a bill of particulars is to be filed BEFORE, not after responding to a pleading (Sec. 1, Rule 12).

What is the effect of the filing of the motion for Bill of Particulars on the period to file a responsive pleading?

When a motion for Bill of Particulars is filed, the period for the filing of the responsive pleading is stayed or interrupted.

When does the period starts to run again?

It starts to run again after SERVICE of the bill of particulars upon the movant if his motion is granted or after NOTICE of the denial of his motion if it was denied.

A motion for bill of particulars is not a pleading hence, not a responsive pleading. Whether or not his motion is granted, the movant may file his responsive pleading. When he files a motion for BOP, the period to file the responsive pleading is stayed or interrupted. After service of the bill of particulars upon him or after notice of the denial of his motion, he may file his responsive pleading within the period to which he is entitled to at the time the motion for bill of particulars is filed. If he has still eleven (11) days to file his pleading at the time the motion for BOP is filed, then he has the same number of days to file his responsive pleading from the service upon him of the BOP. If the motion is denied, then he has the same number of days within which to file his pleading counted from his receipt of the notice of the order denying his motion. If the movant has less than five (5) days to file his responsive pleading after service of the bill of particulars or after notice of the denial of his motion, he nevertheless has five (5) days within which to file his responsive pleading. (Sec.5, Rule 12).

Within what period should an answer be filed following the denial of the motion or following the receipt of the Bill of Particulars?

The rule says that: “After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion, which shall not be less than five (5) days in any event.” (Rule 12, Sec. 5)

So, if for instance, A filed the action against B. B received the summons on Jan. 2, 2012. He filed a motion for a Bill of Particulars on Jan. 9, 2012, so that when he filed the motion for a bill of particulars, he already consumed seven (7) days of the original 15-day period. So, therefore he has eight (8) days. If B received on Jan. 10, 2012 the order denying the motion or he received on this day a copy of a bill of particulars submitted by A, B has eight (8) days counted from Jan. 10, 2012. Therefore, his last day for the filing of the answer would be on Jan. 18, 2012.

On the other hand, if B filed a motion for a bill of particulars on Jan. 15, 2012 and therefore he has already consumed thirteen days of the original 15 days period, consequently he has only two (2) receiving days. When he received the order of denial on Jan. 10, 2012, he received on this day a copy of a bill of particulars, he has still five (5) day period until Jan. 15, 2012 within which to file the answer.

Q. Why not Jan. 12, 1999, because that is the balance to which he is entitled to at that time?

A. Because the rule says, “in no event shall the period be less than five (5) days.”

To be considered meritorious, what is required of the motion?

The motion for bill of particulars must point out:

1. the DEFECTS complained of,

2. the PARAGRAPHS wherein they are contained, and

3. the DETAILS desired.

What are the actions which the court can take on the motion for bill of particulars?

Upon receipt of the motion, the clerk of court must immediately bring it to the attention of the court. The latter has three possible options, namely:

(a) to DENY the motion outright,

(b) to GRANT the motion outright or

Under the old rules, a motion for a bill of particular was a litigated motion because thereunder, the court must set for hearing a motion for bill of particulars. This is no longer the case. Under the new rules, the court can resolve the motion for a bill of particulars ex parte or with notice to the adverse party. This is why we have a provision that upon the filing of a motion for bill of particulars, the clerk of court should refer the motion immediately to the court, unless the court desires that that motion be heard with due notice with the adverse party.

What must the pleader do when the motion for a bill of particular is granted?

If a motion for bill of particulars is granted, the pleader must submit a bill of particulars to the pleading to which the motion is directed. The compliance must be effected:

1. within ten (10) days from notice of the order, or

2. within the period fixed by the court (Sec. 3, Rule 12).

Should A be directed by the court to file a bill of particulars, he must do so within the period fixed in the order, but in no event should the period be less than ten (10) days.

So, if the court does not fix the period within which A must file the bill, it is understood that he has a 10-day period. That period cannot be shortened; it can be extended, but never shortened.

Two ways to comply

1. Just submit the details of the vague paragraphs in a separate pleading or

2. Amend the whole complaint and clarify the vague paragraphs (Sec. 3, Rule 12).

Forms part of the pleading

The bill of particulars submitted becomes part of the pleading for which it is intended (Sec. 6, Rule 12).

What are the sanctions against the failure of the plaintiff to comply with the order of the court directing him to file a bill of particulars?

If the order to file a bill of particulars is not obeyed, or in case of insufficient compliance therewith, the court may:

a) order the striking out of the pleading or

b) order the striking the portions thereof to which the order was directed, or

c) make such other order as it deems just (Sec. 4)

d) dismiss the cased for non-compliance with the court order (Rule 17, Rule 3)

● If the complaint was ordered stricken out, then it is equivalent to dismissal of the case.

Is there a Bill of Particulars in criminal cases?

Yes. Rule 116, Sec. 9.

Case:

Republic vs. Sandiganbayan, GR 115748, Aug. 7, 1996 –

A party‘s right to move for a bill of particulars in accordance with Sec. 1, Rule 12 (doesn‘t include matters evidentiary in nature, which are covered by Modes of Discovery) when the allegations of the complaint are vague and uncertain is intended to afford a party not only a chance to properly prepare a responsive pleading but also an opportunity to prepare an intelligent answer. This is to avert the danger where the opposing party will find difficulty in squarely meeting the issues raised against him and plead the corresponding defenses which if not timely raised in the answer will be deemed waived. 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. The latter task assumes significance because defenses not pleaded (save those excepted in Sec. 2, Rule 9, and whenever appropriate, the defenses of prescription) in a motion to dismiss or in the answer are deemed waived ().