Rule 12 – Bill of Particulars
E1014380
Rule 12 – Bill of Particulars is a procedural rule in Philippine civil litigation that allows a party to seek clarification or specification of vague or ambiguous pleadings to prevent surprise and ensure a fair opportunity to respond.
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
procedural rule in Philippine civil procedure
ⓘ
rule on pleadings ⓘ |
| aimsToProtect |
right of a party to be informed of the nature and cause of the claim or defense
ⓘ
right to due process in civil proceedings ⓘ |
| appliesTo | civil actions ⓘ |
| beneficiary | party required to answer or respond to the pleading ⓘ |
| consequenceOfGrant |
amended or particularized pleading becomes controlling for purposes of trial
ⓘ
pleader must submit a more definite statement or bill of particulars ⓘ |
| courtPower |
court may deny the motion if the pleading is sufficiently definite
ⓘ
court may order the pleader to submit a bill of particulars ⓘ court may strike out a pleading for failure to obey an order for bill of particulars ⓘ court may treat noncompliance as cause to dismiss the action or claim ⓘ |
| designedTo |
narrow the controversy to specific factual issues
ⓘ
promote fairness between litigants in civil proceedings ⓘ |
| directedAgainst |
a pleading that is ambiguous
ⓘ
a pleading that is defective for lack of particularity ⓘ a pleading that is uncertain ⓘ a pleading with vague or indefinite allegations ⓘ |
| effectOnIssues | limits proof at trial to matters within the particulars supplied ⓘ |
| effectOnPeriodToPlead | suspends the period to file a responsive pleading while the motion is unresolved ⓘ |
| filedBy | adverse party to the pleading sought to be clarified ⓘ |
| filedWith | court where the action is pending ⓘ |
| function |
to amplify or particularize allegations in a pleading
ⓘ
to assist in the proper framing of issues ⓘ to avoid surprise at trial ⓘ |
| interpretationPrinciple | liberally construed to secure just, speedy, and inexpensive disposition of actions ⓘ |
| invokedBy | any party to a civil action ⓘ |
| jurisdiction | Philippines NERFINISHED ⓘ |
| legalBasis | Philippine Rules of Court NERFINISHED ⓘ |
| legalNature | remedial and procedural ⓘ |
| notIntendedFor |
discovery of evidence
ⓘ
fishing expedition into the opponent’s proof ⓘ |
| objective |
to avoid multiplicity of amendments to pleadings
ⓘ
to clarify ultimate facts alleged in a pleading ⓘ |
| partOf | Rules of Court of the Philippines NERFINISHED ⓘ |
| proceduralCharacter | does not determine the merits of the case ⓘ |
| purpose |
to enable a party to prepare an intelligent responsive pleading
ⓘ
to ensure a fair opportunity to respond to pleadings ⓘ to limit the issues for trial ⓘ to prevent surprise in litigation ⓘ to seek clarification of vague or ambiguous pleadings ⓘ |
| relatedConcept | motion for more definite statement ⓘ |
| relationshipToPleadings | supplements but does not replace the original pleading GENERATED ⓘ |
| remedyForm | motion for bill of particulars ⓘ |
| scope |
applies to answers
ⓘ
applies to complaints ⓘ applies to other pleadings asserting claims or defenses ⓘ |
| standardForGrant | allegations are so vague that a party cannot reasonably be required to frame a responsive pleading ⓘ |
| timing | filed before responding with an answer or responsive pleading ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.