RULE 12 – BILL OF PARTICULARS

BILL OF PARTICULARS DEFINED

1. It is a definitive statement of any matter which is not covered with

sufficient definiteness or particularity to enable him to properly prepare his
responsive pleading.1

2. The purpose of which is to make more particular or definite the ultimate

facts in a pleading and is not intended to supply evidentiary matters.

3. It is to be resorted to when the complaint is deficient in details with

respect to the factual basis of each and every item claimed, but such
deficiency is not such as to amount to a failure to state a cause of action as
the remedy then is to file a motion to dismiss. 2

WHEN SHOULD IT BE FILED

1. Before filing or responding to a pleading or before filing an answer.

2. If pleading is a reply, within 10 days from service thereof

ACTION OF THE COURT

1. Upon filing of the motion that points out the defects complained of, the
paragraphs wherein they are contained, and the details desired.

1.1 It is a litigated motion, thus requires a notice of hearing.

2. The clerk of court must immediately bring it to the attention of the court,
which may deny or grant the motion outright or allow the parties an
opportunity to be heard.3

2.2 If granted, whether in whole or in part, the compliance therewith must

be effected within 10 days from notice of order, unless a different period is
fixed by the Court.

3. In compliance, the bill of particulars may be filed either in a separate or

in an amended pleading, serving a copy on the adverse party. 4

3.1 Once filed, it becomes part of the pleading for which it is intended. 5

EFFECT OF NON-COMPLIANCE WITH ORDER

1
Supra, Section 1, Rule 12
2
Sabangan v Manila Railroad Company, 28 SCRA 772
3
Supra, Section 2, Rule 12
4
Supra, Section 3, Rule 12
5
Supra, Section 6, Rule 12
1. In case of failure to obey or insufficient compliance, the Court may
order the pleading or portions thereof to which the order was directed to be
stricken out or make such order as it deems just. 6 Hence, it may also dismiss
for failure of the plaintiff to obey order of the Court. 7

2. The striking out of a complaint by the lower court upon motion of the
defendant for failure of the plaintiff to comply with an order requiring him to
submit a bill of particulars as a ground for dismissal is equivalent to an
adjudication on the merits unless otherwise provided by the court. 8

WHEN MUST A RESPONSE / ANSWER BE FILED

1. After service of a bill / definitive pleading or notice of denial of the

motion for a bill of particulars, the moving party has the remaining period that
he was entitled to at the time of the filing of the motion, which shall not be less
then 5 days in any event.9

6
Supra, Section 4, Rule 6
7
Supra, Section 3, Rule 17
8
Vda. De Quillosa v Salazar, 14 SCRA 656
9
Supra, Section 5, Rule 12