This case has been cited 2 times or more.
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2015-08-11 |
BRION, J. |
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| In general, a bill of particulars is the further specification of the charges or claims in an action, which an accused may avail of by motion before arraignment, to enable him to properly plead and prepare for trial. In civil proceedings, a bill of particulars has been defined as a complementary procedural document consisting of an amplification or more particularized outline of a pleading, and is in the nature of a more specific allegation of the facts recited in the pleading.[47] The purpose of a motion for bill of particulars in civil cases is to enable a party to prepare his responsive pleading properly. | |||||
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2007-12-17 |
QUISUMBING, J. |
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| Lastly, the allowance of the motion for a more definite statement rests with the sound discretion of the court. As usual in matters of a discretionary nature, the ruling of the trial court will not be reversed unless there has been a palpable abuse of discretion or a clearly erroneous order.[51] This Court has been liberal in giving the lower courts the widest latitude of discretion in setting aside default orders justified under the right to due process principle. Plain justice demands and the law requires no less that defendants must know what the complaint against them is all about.[52] | |||||