OMNIBUS MOTION FOR BILL OF PARTICULARS

BEFORE FILING AN ANSWER

 GAME CHANGER!
2019 Proposed Amendments in the 1997 Rules of Civil Procedure
A.M. No. 19-10-20-SC
OLD RULE: 1997 Rules of Civil Procedure

MOTION FOR A BILL OF MOTION TO DISMISS

PARTICULARS
Fraud; Lack of jurisdiction over the
Statute of limitations; subject matter;
Release; Litis pendentia;
any matter which is not averted Payment; Res judicata;
with sufficient definiteness or Illegality;
Statute of frauds;
Lack of jurisdiction
over the person of
particularity Estoppel;
Former recovery;
defendant;
Improper venue;
Discharge in bankruptcy; Plaintiff has no legal
Any other matter by way of capacity to sue;
confession and avoidance; Failure to state cause of
action; and
Failure to comply with
condition precedent.
OLD RULE: 1997 Rules of Civil Procedure

MOTION FOR A BILL OF MOTION TO DISMISS

PARTICULARS
Fraud; Lack of jurisdiction over the
Statute of limitations; subject matter;
Release; Litis pendentia;
any matter which is not averted Payment; Res judicata;
with sufficient definiteness or Illegality;
Statute of frauds;
Lack of jurisdiction
over the person of
particularity Estoppel;
Former recovery;
defendant;
Improper venue;
Discharge in bankruptcy; Plaintiff has no legal
Any other matter by way of capacity to sue;
confession and avoidance; Failure to state cause of
action; and
Failure to comply with
condition precedent.
NEW RULE:
Rules of Civil Procedure A.M. No. 19-10-20-SC
2019 Proposed Amendments in the 1997

Rule 15, Sec. 12: Prohibited Motions: ( NEW SECTION)

The following motions shall not be allowed:

(a) Motion to dismiss except on the following grounds:

1)That the court has no jurisdiction over the subject matter of the claim;
2)That there is another action pending between the same parties for the same cause; and
3) That the cause of action is barred by a prior judgment or by the statute of limitations.

*Rule 8, Sec. 12,

*Rule 15, Sec, 7, 12 and 13
OMNIBUS MOTION FOR BILL OF PARTICULARS
COMPARATIVE MATRIX
1997 Rules of Civil Procedure as amended 2019 Proposed Amendments
A.M. No. 19-10-20-SC

Rule 12, Section 1. When applied for; purpose Rule 12, Section 1. When applied for; purpose
When applied for; purpose. — Before responding to a When applied for; purpose. — Before responding to a
pleading, a party may move for a definite statement pleading, a party may move for a definite statement
or for a bill of particulars of any matter which is not or for a bill of particulars of any matter, which is not
averted with sufficient definiteness or particularity to averted with sufficient definiteness or particularity, to
enable him properly to prepare his responsive enable him or her properly to prepare his or
pleading. If the pleading is a reply, the motion must
her responsive pleading. If the pleading is a reply,
be filed within ten (10) days from service thereof.
Such motion shall point out the defects complained the motion must be filed within ten (10) calendar
of, the paragraphs wherein they are contained, and days from service thereof. Such motion shall point
the details desired” out the defects complained of, the paragraphs
wherein they are contained, and the details desired.
PURPOSE

Civil cases CRIMINAL CASES

To enable the movant to properly prepare a
responsive pleading. It is filed to clarify the allegations
in the pleading so an adverse party may be informed
with certainty of the exact character of the cause of
action or a defense
(a) to enable the movant to properly plead and (b) to
prepare for trial
(Sec. 9, Rule 116, Rules of Court).

(Section 1 , Rule 12, Rule of Court)

Motion for bill of particulars applies to any pleading filed such as:

complaint, answer, counter-claim, cross-claim, third, fourth, fifth-

party complaint, complaint in intervention and reply
WHEN AND WHERE TO FILE:

BEFORE FILING A RESPONSIVE PLEADING (ANSWER)

Answer to the complaint. The defendant shall file his or her answer
to the complaint within thirty (30) calendar days after service of
summons, unless a different period is fixed by the court
Sec. 1 of Rule 11

Answer to counterclaim or cross- claim. A counterclaim or cross-

claim must be answered within twenty (20) calendar days from
service.
PROCEDURE:
1. Upon receipt of the motion f bill of particulars, the clerk of court must immediately
bring the same to the attention of the court (Sec. 2, Rule 12, Rules of Court).
2. The motion having been brought to its attention, the court has three possible options,
namely, (a) to deny the motion outright, (b) to grant the motion outright, or (c) to hold a
hearing on the motion or to allow the parties the opportunity to be heard (Sec. 2, Rule 12,
Rules of Court).
3. If the motion for bill of particulars is granted, in whole or in part, the court shall order
the pleader to submit a bill of particulars to the pleading to which the motion is directed.
4. The compliance must be effected within ten (10) calendar days from notice of the
order, unless a different period is fixed by the court (Sec. 3, Rule 12, Rules of Court).
5. Pleader may file the bill of particulars or a more definite statement either in (a) a
separate pleading or (b) in the form of an amended pleading. In either case, a copy thereof
is required to be served upon the adverse party (Sec. 3, Rule 12, Rules of Court).
CONTENTS/ WHAT TO ALLGE IN THE MOTION:
All motions shall be in writing except those made in open court or in
the course of a hearing or trial and the same Rules applicable to
pleadings shall apply to written motions so far as concerns caption,
designation, signature, and other matters of form. (Sec 2 & Sec 11,
Rule 15)

motion shall also point out the following:

• (a) defects complained of,
• (b) the paragraphs wherein they are contained
• (c) the details desired
EFFECTS:
EFFECTS OF COMPLIANCE OR NON
COMPLIANCE OF THE PLEADER TO SUBMIT
A BILL OF PARTICULARS:

1. The bill of particulars submitted becomes

EFFECTS OF FILING A MOTION FOR
BILL OF PARTICULARS:
2. If the order is not obeyed or if there is an
The filing of a Motion for
bill of particulars will interrupt the
period to file a responsive pleading
*If the defendant has less than five (5)
days to file his pleading after service of
the bill of particulars or after notice of
the denial of his motion, the period to
file his pleading shall nevertheless be
not less than five (5) days in any event
part of the pleading for which it is
intended
insufficient compliance of the order, the
court has the following options: (a) to
order the striking out of the
pleading,(b)to order the striking out of
the portions of the pleading to which the
order was directed, or (c) to make such
other order it may deem just (Sec. 4, Rule
14, Rules of Court).
 Caption
Name of court,
parties, docket no.

title

paragraphs wherein
they are contained

defects
complained of

the details desired

Addendum