9. Bill of Particulars (Rule 12)

7. Bill of particulars (RULE 12)

a. Purpose and when applied for

b. Actions of the court c. Compliance with the order and effect of non-compliance

Discovery still applies even if motion for bill of particulars was denied

That the matters on which discovery is desired are the same matters subject of a prior motion for bill of particulars and denied for lack of merit is beside the point. A bill of particulars may elicit only ultimate facts, not so-called evidentiary facts. The latter are without doubt proper subject of discovery. (Republic v. Sandiganbayan, G.R. No. 90478, 1991)

Bill of Particulars

Accused must move for a bill of particulars BEFORE arraignment to enable him to properly plead and prepare for trial, otherwise it is deemed waived.

The motion for bill of particulars must contain:

• Alleged defects in the complaint or information and
• Details desired.

Rule 12 on Bill of Particulars applies by analogy to Bill of Particulars as provided in Section 9 of Rule 116.

The remedy against an information that fails to allege the time of the commission of the crime with sufficient definiteness is a bill of particulars, not a motion to quash.

It is Not the Office of the Bill of Particulars to:

• Supply material allegation necessary to the validity of a pleading
• Change a cause of action or defense stated in the pleading, or to state a cause of action or defense other than the one stated.
• Set forth the pleader’s theory of his cause of action or a rule of evidence on which he intends to rely.
• Furnish evidentiary information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded.

The filing of a motion for bill of particulars suspends the period to file a responsive pleading.

If the motion is granted, the moving party has the remaining period or at least 5 days to file his answer from service of the bill of particulars.

If the motion is denied, he has the same period to file his responsive pleading from receipt of the order denying the motion.