RULE 12 BILL OF PARTICULARS
pleading
Definition A bill of particulars is a more definite statement of
any matter which is not averred with sufficient definiteness or
particularity in a pleading so as to enable the opposing party to
prepare his responsive pleading.
Sec 5-6
Purpose :
Accdg to SC : the primary purpose of the bill of
particulars is to apprise the adverse party of what a
plaintiff wants
Points out defects complained of; the paragraphs where
they are contained and details desired
Enable defending party to properly prepare his
responsive pleading
When and Why file A Bill Of Particulars?
If the allegations of ultimate facts in the complaint are
vague and ambiguous that the defendant will have
difficulty in preparing his answer.
-You cannot use BOP for fishing of evidentiary matters.
- Evidentiary facts cannot be the subject of a motion for a bill of
particulars
- A defendant can file a motion for bill of particulars to clarify
and vice versa
- A motion for BOP is also available in criminal cases
Evidentiary Facts Facts which will prove the ultimate facts.
They should not be stated in the pleading. They should be
brought out during the trial. They are proper during the trial
but they have no place in the pleadings
Ultimate Facts
- may be filed through either a separate or an amended
- may be granted in whole or in part as not all the
allegations questioned by the movant are necessarily so
ambiguous as to require clarification
- A motion for a bill of particulars must be filed within the
reglementary period for the filing of a responsive
pleading sought to be clarified.
- A motion for a bill of particulars directed to a reply must
be filed within 10 days, since a responsive pleading is
not required for a reply as, in fact, the filing of the reply
itself is optional or permissive.
- Thus, after the reply, there can be a rejoinder with a sur-
rejoinder and then a rebutter with a sur-rebutter. If
these subsequent pleading are allowed by the court, as
responsive pleadings which are not required but at least
authorized, then it would be logical for it to fix a period
for the filing of a motion for a bill of particulars
whenever the same is necessary to make more definite
the allegations in said pleading.
- The filing of a motion for a bill of particulars interrupts
the time to plead, but only if it is sufficient in form and
substance.
- The motion must comply with Secs. 4 and 5, Rule 15 on
the service and contents of the notice of motions
- If the motion is granted, the movant can wait until the
bill of particulars is served on him by the opposing party
and then he will have the balance of the reglementary
period within which to file his responsive pleading.
- If the motion is denied - he will still have such balance
of the reglementary period to do so, counted from the
service of the order denying his motion
 - In either case he will have at least 5 days to file his himself was ordered by the court of the technical defect
responsive pleading. was waived.

- Where one counsel appears for several parties, he shall

RULE 13 FILING AND SERVICE OF PLEADINGS, JUDGMENTS only be entitled to one copy of any paper served upon
AND OTHER PAPERS him by the opposite side.

Sec 2. Filing and Service defined - But if 5 defendants are represented by different
lawyers, each and every lawyer has to be furnished a
FILING is the act of presenting the pleading or other paper to copy
the clerk of court
- directed to the court Sec. 3

SERVICE is the act of providing a party with a copy of the

pleading or paper concerned. Or if he is represented by a
lawyer, a copy of the pleading must be furnished to the lawyer.
- directed to a party

Q : Why service upon the lawyer is required if the party is so

represented?
A: To do away with subsequent objection which the party
served may raise to the effect that he knows nothing about
court procedure and also to maintain a uniform procedure
calculated to place in competent hands the orderly prosecution
of partys case.

- SERVICE TO A LAWYER BINDS THE CLIENT AND NOT

THE OTHER WAY AROUND.

- Notice to the lawyer who appears to have been

unconscionably irresponsible cannot be considered as
notice to his client

- Notice given to a party who is duly represented by

counsel is a nullity unless service thereof on the party