AGCANAS vs MERCADO

GR No. L-15808 April 23, 1963

FACTS:

Plaintiffs filed an action to recover portions of a parcel of land in Isabela, and damages.
Defendants filed a motion for a bill of particulars, with notice of hearing on December 8,
but since the motion was actually received in court only on December 12 the court set it
for hearing on December 22. On December 17, however, defendants filed a motion to
dismiss the complaint, with a prayer that consideration of their motion for a bill of
particulars be held in abeyance pending resolution of their motion to dismiss. On
December 22, the court issued an order postponing consideration of both motions to
December 29. The court denied the motion to dismiss and ordered defendants "to
answer the complaint within the reglementary period. Defendants not having filed their
answer, plaintiffs moved to have them declared in default. On the same day the court
issued the order of default together with another order commissioning the clerk of court
to receive plaintiff's evidence. Defendants moved to cancel the hearing scheduled for
October 29, on two grounds one of which was that their motion for a bill of particulars
had not yet been resolved so they immediately filed a motion that their pending motion
for a bill of particulars be resolved and that they be given a reasonable period thereafter
within which to file their answer. The court denied.

ISSUE:

Whether or not upon denial of a defendant’s motion to dismiss the reglementary period
within which to file an answer resumes running even though the motion for a bill of
particulars of the same defendants is still pending and unresolved

HELD:

No. Both a motion to dismiss and a motion for a bill of particulars interrupt the time to
file a responsive pleading. In the case of a motion to dismiss, the period starts running
against as soon as the movant receives a copy of the order of denial. In the case of a
motion for a bill of particulars, the suspended period shall continue to run upon service
on the movant of the bill of particulars, if the motion is granted, or of the notice of its
denial, but in any event he shall have not less than five days within which to file his
responsive pleading. Upon denial of a defendant’s motion to dismiss, the reglementary
period within which to file an answer remains suspended until the motion for a bill of
particulars previously filed by the same defendant is denied or, if it is granted, until the
bill is served on him.