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The remedy is to file a motion for a bill of particulars asking the Court to compel the plaintiff to make his allegations in the complaint clearer, more definite and more certain of the paragraphs that are vague
 Reason: To know the cause of action or what the complaint is all about  Effect: Court issues an order and the plaintiff has to comply by submitting

a clearer complaint Thus, as defined in Sec.1 of Rule 12, a Bill of Particulars is a more define statement of ..any matter which is not averred with sufficient definiteness or particularity to enable the opposing party to prepare his responsive pleading..

No. A complaint cannot be dismissed simply because it is vague. The correct remedy is for defendant to file a motion for a bill of particulars to ask the court to compel plaintiff to make it clearer. Tan vs. Sandiganbayan, 180 SCRA 34: The proper office of a bill of particulars is to inform the opposite party and the Court of the precise nature and the character of a cause of action the pleader has attempted to set forth and thereby to guide his adversary in his preparations for trial and reasonably protect him against surprise at the trail. It complements the rule on pleadings in general that is the complaint should consist of a concise statement of the ULTIMATE FACTS. The primary objective of a bill of particulars is to apprise the adverse party of what the plaintiff wants to preclude the latter from springing a surprise attack

No, because what the defendant is asking are EVIDENTIARY FACTS which in the first place have no place in a pleading. A party is not required to state in details what a person has done for the past 40 years. Therefore, a bill of particulars refers to clarifying statements only of ultimate facts. It cannot be used as a vehicle to compel the other party to state evidentiary facts.

Yes, because the statement is very ambiguous. So ask the Court to order plaintiff how exactly the defendant committed fraud. Relate to Rule 8, Sec.5 Fraud , mistake, conditions of the mind.- In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity. xx

A(1) Yes, because the plaintiff can always allege that the latter will file a reply so how can he file a reply when the answer is vague? It works both ways. A(2) Yes, the law is very clear.. If the pleading is a reply, the motion must be filed within 10 days from the service thereof

Rationale: A bill of particulars could be used by the defendant to delay the filing of the answer

If the motion is granted, the general rule is, plaintiff must comply with that within 10 days. He must submit to the defendant a document where the paragraphs which were vague will be clearer. That is the bill of particulars.

Suppose, the court directed the plaintiff to supply the defendant with a bill of particulars and plaintiff failed or refused to do so. What is the consequence ? Under sec.4, the court can issue an order striking out the complaint as if the complaint as if the complaint was never filed. In effect, it may be dismissed.

Effect: the running of the 15 day period to file an answer is deemed interrupted and will continue to run again on the date you receive the bill of particulars from the plaintiff if the motion is granted. Or from receipt by the defendant of the order denying his motion

No, because you are given 5 days. That is automatic. There is a guarantee of a minimum of 5 days within which to file your answer. Therefore, the effect of filing a motion for a bill of particulars stays the running of the period to file an answer. Note: if the motion is denied, that is the time you file your answer. If granted, from the time you receive the bill of particulars

When you file a bill of particulars, it automatically becomes part of the complaint for which it is intended. It becomes part and parcel of the complaint

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