Rule 12 - Bill of Particulars Discussion Outline
Rule 12 - Bill of Particulars Discussion Outline
Rule 12 - Bill of Particulars Discussion Outline
1. Upon filing of the motion that points out the defects complained of, the
paragraphs wherein they are contained, and the details desired.
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
3.1 Once filed, it becomes part of the pleading for which it is intended. 5
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
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