Rule 12

BILL OF PARTICULARS

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 averred 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. (1a)

Q: Define Bill of Particulars.

A: A bill of particulars is a more definite statement of any matter which is not averred with sufficient
definiteness or particularity in a pleading so as to enable the opposing party to prepare his responsive pleading.
(Section 1)

Alright. So, let’s go to the application of this remedy.

EXAMPLE: The plaintiff filed a complaint against you and you are now furnished with a copy by the lawyer
of the plaintiff. So, you have to file your answer. You have to understand what the cause of action is all about.
So you read the complaint – you notice that the allegations are vague, ambiguous, and uncertain. So, you cannot
understand the allegations. So, you have a hard time preparing your answer. Now, you do not want to answer
something that you cannot understand.
Q: So what is your remedy?
A: The remedy is, instead of answering, you file a motion for a bill of particulars and according to Section 1,
your motion will point out the defects complained of, the paragraphs where they are contained and the details
desired. Because according to you, the allegations are not averred with sufficient definiteness or particularity to
enable you properly to prepare your responsive pleading that is what it is all about.

So the defendant resorts to the Bill of Particulars if the allegations of ultimate facts in the complaint are vague
and ambiguous that the defendant will have difficulty in preparing his answer. So, he can not understand and will
ask for more details to clear the ambiguities. He will file a motion for Bill of Particulars, citing the detects and ask
for the details, because how can he prepare an answer if he does not understand the complaint? Aber?

BAR QUESTION: Suppose a complaint is ambiguous, uncertain, indefinite or vague, can the defendant file a
motion to dismiss?
A: NO! A complaint cannot be dismissed simply because it is vague, ambiguous. (Pañgan vs. Evening
News, L-13308, Oct. 29, 1960) The correct remedy is for the defendant to file a motion for bill of particulars,
which will ask for more details on these vague portions of the complaint. (Amoro vs. Sumaguit, L-14986, July
31, 1962)

According to the SC in the case of

TAN vs. SANDIGANBAYAN

180 SCRA 34 [1989]

HELD: “The proper office of a bill of particulars is to inform the opposite party and the court of
the precise nature and character of the cause of action the pleader has attempted to set forth, and
thereby to guide his adversary in his preparations for trial and reasonably protect him against surprise
at the trial. It complements the rule on pleadings in general, that is, that the complaint should consist of
a concise statement of the ultimate facts.”
“Its primary objective is to apprise the adverse party of what the plaintiff wants — to preclude the
latter from springing a surprise attack later.”
 According to the SC, the primary purpose of the bill of particulars is to apprise the adverse party of what a
plaintiff wants. To preclude the latter from springing a surprise attack later. Why? Because the plaintiff may
deliberately make his allegations vague. Sinadya ba niya? To confuse you – to mislead you – because you might
adopt a different interpretation. If the interpretation turns out to be different, your defenses might be wrong. So,
he deliberately make his complaint ambiguous. Now, the other party should thwart that by asking for a bill of
particulars to compel the plaintiff to make the allegations of his cause of action clearer. So, that is what the bill of
particulars is all about.

Now, we will do to a specific situation and let’s find out whether the defendant could file for a bill of
particulars.

PROBLEM: Now, suppose the pleader says in his complaint that he has been in the possession of the
litigated property continuously for forty (40) years. The defendant flied a motion for a bill of particulars, “The
allegations is very broad, very general, very vague. Please tell by way of particulars what are the improvements
you introduced for the past 40 years. I would like to ask for these details to clarify your allegations that you have
been in continuous possession of the land for 40 years.”
Q: Is that a proper motion for a Bill of Particulars?
A: NO, because it is asking for evidentiary matters. In the first place, the plaintiff has no obligation to state
the evidentiary matters in his complaint. It should only state ultimate facts. So, it is not allowed in the pleading.
You cannot ask for that by way of particulars.

So, what is sought to be remedied are vague and ambiguous statements of ultimate facts. But you cannot used
it to fish for evidentiary matters. Evidentiary facts cannot be the subject of a motion for a bill of particulars.

Q: But is it not fair that before trial I should know your evidentiary matters?
A: I believe it is fair for the defendant to compel the plaintiff to reveal the details of his ultimate facts but not
under Rule 12. You better avail of the modes of discovery under Rule 23, depositions, request for admission, etc.
But you cannot convert Rule 12 into a modes of discovery. Each rule has its own functions.

So, let’s give a good example of an instance, where the defendant can rightfully ask for more specifics or
particulars.

EXAMPLE: The plaintiff will sue the defendant for annulment of contract on the ground that the defendant
employed FRAUD in getting the consent of the plaintiff. The plaintiff said, “He got my consent to the contract by
fraud.” The defendant filed a motion for a bill of particulars: “That the defendant employed fraud in getting
plaintiff’s consent is vague, So, I’m asking the plaintiff should give more specifics. How did I fool you? In what
way did I employ fraud? In what way was the fraud exercised?”
Q: Now, is the motion for a bill of particulars meritorious?
A: YES, because allegations of fraud must be stated with particularity. So, you go back in Rule 8, Section 5:

Rule 8, Sec. 5 Fraud, mistake, condition of the mind.—In all

averments of fraud or mistake, the circumstances constituting fraud
or mistake must be state with particularity. x x x

We already studied that provision. Therefore, if the allegation of the plaintiff is simply that the defendant
employed fraud, that allegation is not sufficient because under Rule 8, it must be stated with particularity.
Therefore, if it is not stated with particularity, the remedy of the defendant is to file a motion for a bill of
particulars under Rule 12.

Q: Suppose, it is the answer which is vague. Suppose ang answer malabo. It is the other way around. It is the
defendant’s answer which is vague or uncertain. Can the plaintiff file a motion for bill of particulars to compel he
defendant to clarify or to particularize his vague answer?
A: YES, because the plaintiff can say, “I cannot file my reply. I mean, I want to file a reply but I can’t file a
reply unless I understand what is your defense.” So it works both ways.
 Q: Suppose, it is the reply of the plaintiff to the answer which is vague or ambiguous. Can the defendant file
a motion for bill of particulars to clarify the vague reply?
A: YES. According to Section 1, the motion is to be filed within 10 days. So even if the reply is vague, it can
still be the subject of the bill of particulars within 10 days because there is no more responsive pleadings there.

So, every pleading which is vague the other party can always compel you to make it clearer.

Q: Is this remedy available in criminal cases?

A: YES. If it is the information which is vague, you cannot understand the allegations in the information, you
cannot plead, “Paano, I cannot enter a plea of guilty or not guilty kasi hindi ko maintindihan eh” the accused can
file a motion for bill of particulars to require the prosecution to clarify vague portions of a complaint or
information.

There is an identical provision in Rule 116, Section 9 of the Rules on Criminal Procedure.

RULE 116, SEC. 9. Bill of particulars. – The accused may, before

arraignment, move for a bill of particulars to enable him properly
to plead and prepare for trial. The motion shall specify the alleged
defects of the complaint or information and the details desired.
(10a)

The concept is the same. If the allegations in the information are also vague and ambiguous, “I cannot
understand it, so I cannot intelligently enter my plea.” The accused, before arraignment, can move for a bill of
particulars to enable him to prepare properly for the trial. Then he must specify the defects.
CINCO vs. SANDIGANBAYAN (criminal case)
202 SCRA 726 [1991]

FACTS: A motion for bill of particulars was filed by the lawyer of the respondent in the fiscal’s
office when the case was under preliminary investigation. (In preliminary investigation, you are given
the affidavit of the complainant and his witnesses. And then you are given 10 days to submit your
counter-affidavits.) Here, the affidavit is vague according to the accused, so he is filing a bill of
particulars. He wanted to compel the complainant to make his affidavit clearer.

ISSUE: Is Section 9 applicable when the case is still in the fiscal’s office for preliminary
investigation?

HELD: NO. It is only applicable when the case is already in court for trial or arraignment.
But suppose during the preliminary investigation, “I cannot understand what the complainant is
saying in his affidavit?” The SC said, that is simple! If you cannot understand what the complainant is
saying in his affidavit, chances are, the fiscal also will not understand it. And consequently, he will
dismiss the case. Eh di mas maganda! Wag ka na lang mag-reklamo! [tanga!]

Sec. 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. (n)

So pag-file mo ng motion for bill of particulars, the clerk has the obligation to bring it immediately to the
attention of the court and the court can deny or grant the motion immediately. But of course, it is up to the court
to call for a hearing or not.

Q: Now, what do you think is the reason behind that? Why do you think is this provision here, which is not
found in the old rules?
A: Many lawyers have abused Rule 12. In what way? A complaint is filed. The allegations are clear. Pero
sadyain niya – he will file a motion for bill of particulars that he cannot understand. Then, pag file niya ng
motion, he will set the motion for hearing 2 weeks from now. Then the motion is denied because it has no merit,
then, file ka ng answer. In other words, the period to file for an answer has been denied because it has no merit.
Then, file ka ng answer. The period to file for an answer has been delayed. The defendant has succeeded in
delaying the period for filing an answer by pretending that he cannot understand pero actually klaro man ba.

So in order to prevent that kind of dilatory tactic, when the motion is filed, the court is now authorized to
immediately act on the motion without delaying the filing of the answer. That is the reason why this provision
was inserted because the filing of the motion for bill of particulars can cause delay.

Sec. 3. Compliance with order. If the motion is granted, either

in whole or in part, the compliance therewith must be effected
within ten (l0) 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. (n)

Q: Suppose the court grants the motion and the defendant or the plaintiff will be required to submit the bill of
particulars. How will you comply with the order to file a bill of particulars?
A: There are two (2) ways:
Just submit the details of the vague paragraphs; or
Amend the whole complaint and clarify the vague paragraphs

Sec. 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. (1[c]a)

Q: Alright, suppose the motion is granted, the court ordered the plaintiff to submit a bill of particulars. The
plaintiff refused to comply with the order. What is now the remedy?
A: The court may order the striking out of the pleading or portions thereof which is the object of the bill of
particulars. Like for example: Ayaw mong i-clarify ang complaint mo, ayaw mo. Alright, I will now issue an
order to strike out the entire complaint. It is as if the complaint was never filed. Practically, your complaint was
dismissed. In effect your complaint was dismissed because if the complaint was ordered stricken out, then it is
equivalent to dismissal of the case itself.

Sec. 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. (1[b]a)

Q: What is the effect for a motion for a bill of particulars when you file a motion? What is the effect on that
on the 15-day period to file the answer?

A. The 15-day period to answer is stopped or interrupted upon the filing of the motion for bill of particulars.
The period continues to run from the date that you received the bill of particulars, if your motion is granted, or
from the receipt of the order denying your motion if it was denied. From there, the period to answer will run
again so you have to file your answer within the balance of the remaining period.

ILLUSTRATION: I have 15 days to file an answer. On the 8th day, I filed a motion for a bill of particulars.
Pag-file mo on the 8th day , the running of the period automatically stops and then after several days, you receive
the order. For example, denying your motion, you still have 7 days to go because the period during which your
motion was pending will not be counted. Na- interrupt ang takbo ng 15 days.

Q: Suppose, you file your motion for a bill of particulars on the 14th day and your motion is denied. You
received the order today. How many days more to file an answer?
A: Five (5) days. You are guaranteed a minimum of 5 days. Kahit one day to go na lang, balik ka naman sa 5.
At least minimum. So, it is 5 days or more but never be less than 5 days.

Therefore, if a defendant filed the motion for bill of particulars within 15 days, he cannot be declared in
default. The plaintiff cannot declare the defendant in default for failure to file an answer because 15 days had
already lapse. Pag file ng motion, itigil mo muna ang takbo ng araw. It will be interrupted by the filing of the
motion and the period commences to run again from the time he received the bill of particulars or the order
denying his motion but not less than 5 days in any event.

Sec. 6. Bill a part of pleading. A bill of particulars becomes

part of the pleading for which it is intended. (1[a]a)

Ah, yes. It is very clear ‘no? When you file a bill of particulars clarifying the paragraphs in the complaint
which are vague, the bill of particulars becomes part of the complaint with its supplements.

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