REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Fifth Judicial Region
Branch 4
Rawis, Legazpi City

WIL DASOFICH
Plaintiff,

CIVIL CASE No. 123-890

FOR: Collection of Sum of Money
-versus-

ALODIA GOSIENGCHO
Defendant.

x- - - - - - - - - - - - - - - - - - - - - - - - - - x

MOTION FOR BILL OF PARTICULARS

Defendant, through the undersigned counsel and unto this Honorable Court,
respectfully avers:
1. That the plaintiff's complaint in paragraph 5 alleges:
From August 3 to December 2003, defendant never paid anything to
herein plaintiff. The check that he issued as partial payment for the
first month also bounced. x x x (underscoring supplied)
2. The said allegation is not averred with sufficient definiteness and
particularity, specifically it does not mention the amount of the check therein
mentioned, its check number, date, and the drawee bank;
3. That a more definite statement on the matters as above-indicated is
necessary in order to enable the defendant to prepare its responsive pleading
because from the very onset of this controversy, the main dispute was on
what was actually and exactly the total amount that the defendant had
already paid to the plaintiff;
4. However, due to the fact that the defendant had to transfer its liaison offices
depending on its project sites, the check stub where the above-mentioned
check came from was probably misplaced and could no longer be found;
 5. That a bill of particulars or a more definite statement as to particulars of the
said check which was allegedly issued by the defendant as partial payment
for the first month would definitely simplify the issues in this case, and
hopefully uncomplicate the negotiations between the parties for an amicable
settlement.

PRAYER

WHEREFORE, defendant most respectfully prays that an order be issued

by this Honorable Court requiring the plaintiff to make more definite statement as
to the particulars of the check mentioned in paragraph 5 of his complaint,
particularly stating its amount, check number, date, and the name of the drawee
bank.

Sorsogon City for Legazpi City, 15 February 2023.

TORRES & TORRES LAW

Counsel for Respondent
1st Floor ANT Bldg.
Pluto St., Sorsogon City
Tel No. (02)458-0125
Cell Phone No. 09175238523
Email-address: T&T@law.com.ph

By:

ERNESTO B. TORRES
PTR No. B-12564525/1.11.2023/Legazpi City
IBP No. 12564123/1.11.2023/Legazpi City
Roll No. 607152
MCLE Compliance No. V-159236897
Issued April 15, 2021

NOTICE AND HEARING

THE CLERK OF COURT
REGIONAL TRIAL COURT
BRANCH 4

GREETINGS:

Kindly submit the foregoing Motion for Bill of Particulars to the attention of
the Honorable Court immediately upon receipt and set the same for hearing on 20
February 2023 at 8:30 in the morning.

ERNESTO B. TORRES

AGAPITA B. GONZAGA
ABC LAW FIRM
Counsel for the Petitioner
5th Floor, Door 3 Sky Building
Sampaguita St., Legazpi City

Please take notice that counsel has requested the Motion to be heard on 20
February 2023 at 8:30 in the morning.

ERNESTO B. TORRES

AFFIDAVIT OF PERSONAL SERVICE

 I, UTUSAN MO, of legal age and having been duly sworn depose and say:
1. That I am the messenger of Atty. Ernesto B. Torres, Counsel for
the defendant in the case entitled Wil Dasofich vs. Alodia
Gosiengcho in Civil Case No. 123-890, and that as messenger I
served upon the counsel of adverse party and other parties, the
Motion for Bill of Particluars filed in said case, as follows:
Atty. Agapita B. Gozaga, counsel for the Plaintiff, by
personal service by delivering personally copy of said
Motion upon said lawyer who acknowledged receipt
thereof as shown by her signature or initial on the said
pleading, this 15th day of February 2023.
IN WITNESS WHEREOF, I have signed this affidavit this 16 th day of
February 2023 at Sorsogon City.

UTUSAN MO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and

for the City of Sorsogon and the Province of Sorsogon this 16 th day of February
2023. Affiant personally came and appeared with Driver’s License ID No. issued
by the Land Transportation Office and valid until May 1, 2025, at Sorsogon City,
bearing his photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed under penalty of
law to the whole truth of the contents of said instrument.

Notary Public

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2023
Copy Furnished:

AGAPITA B. GONZAGA
ABC LAW FIRM
Counsel for the Petitioner
5th Floor, Door 3 Sky Building
Sampaguita St., Legazpi City

WIL DASOFICH
Gumamela St., Block 4, Lot 5 PBN,
Buraguis, Legazpi City