A bill of particulars is a procedural device. It is a formal and litigious motion in civil cases. It is used to seek a more definite statement or particulars of matters not averred with sufficient definiteness or particularity in a pleading. It presupposes a valid pleading or information but with vague or indefinite terms.
The purpose of a bill of particulars differs between civil and criminal cases.
- In civil cases (Rule 12): Its primary purpose is to enable a party to properly prepare his or her responsive pleading. It clarifies vague, ambiguous, or indefinite matters. It is not intended for preparation for trial, which is the function of discovery procedures, nor for disclosing evidence. While matters like malice or intent may be averred generally, fraud or mistake must be alleged with particularity, and a bill of particulars is proper to require such particularity. General allegations lacking ultimate facts are also subject to a motion for bill of particulars.
- In criminal cases (Rule 116, Sec. 9): Its purposes are to enable the accused to properly plead and to prepare for trial. It helps the accused understand the government's theory, prepare a defense, avoid surprise, and plead double jeopardy.
A motion for a bill of particulars must be filed before responding to a pleading (e.g., before filing an answer). If directed at a reply, it must be filed within 10 days from receipt. In criminal cases, it must be filed before arraignment. The motion must be in writing, specifying the defects, the paragraphs containing them, and the details desired. In civil cases, it requires notice and hearing.
If the court grants the motion, the pleader must submit the bill of particulars or a more definite statement, which can be in a separate pleading or an amended pleading. A copy must be served on the adverse party. The bill of particulars becomes part of the pleading it supplements.
Failure to comply with the court's order or insufficient compliance may result in the court ordering the striking out of the pleading or relevant portion, or making other just orders. Failure by the accused to file a motion for bill of particulars in a criminal case amounts to a waiver of the defect or detail desired.
A motion for bill of particulars is distinct from a motion to quash. A motion to quash challenges the validity or sufficiency of the information on its face, while a motion for bill of particulars addresses vagueness or indefiniteness in an otherwise valid information. The proper remedy for a vague information is a motion for a bill of particulars, not a motion to quash. A bill of particulars is also distinct from interrogatories; the former clarifies a pleading, while the latter seeks factual disclosures from a party.
Note that a motion for a bill of particulars is generally a prohibited motion in cases governed by the Rules on Expedited Procedures (formerly Summary Procedure), except on the grounds of lack of jurisdiction or failure to comply with barangay conciliation.