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The remedy is to file a motion for a bill of particulars asking the Court tocompel 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 orparticularity to enable the opposing party to prepare his responsive pleading..

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No. A complaint cannot be dismissed simply because it is vague. Thecorrect remedy is for defendant to file a motion for a bill of particularsto ask the court to compel plaintiff to make it clearer.

Tan vs. Sandiganbayan, 180 SCRA 34: The proper office of a bill ofparticulars is to inform the opposite party and the Court of the precisenature and the character of a cause of action the pleader has attemptedto set forth and thereby to guide his adversary in his preparations fortrial and reasonably protect him against surprise at the trail. Itcomplements the rule on pleadings in general that is the complaintshould consist of a concise statement of the ULTIMATE FACTS. Theprimary objective of a bill of particulars is to apprise the adverse partyof what the plaintiff wants to preclude the latter from springing asurprise attack

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No, because what the defendant is asking are EVIDENTIARY FACTS whichin the first place have no place in a pleading. A party is not required to statein details what a person has done for the past 40 years. Therefore, a bill ofparticulars refers to clarifying statements only of ultimate facts. It cannot

be used as a vehicle to compel the other party to state evidentiary facts.

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

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

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

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

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Suppose, the court directed the plaintiff to supply the defendant with a billof particulars and plaintiff failed or refused to do so. What is theconsequence ? 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, itmay be dismissed.

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

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No, because you are given 5 days. That is automatic. There is a guaranteeof a minimum of 5 days within which to file your answer. Therefore, theeffect of filing a motion for a bill of particulars stays the running of theperiod 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

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

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