Bill Of Particulars
Rules for Bill of Particulars
Section 9.
Accused must move for a bill of particulars BEFORE arraignment to enable him to properly plead and prepare for trial, otherwise, it is deemed waived.
The motion for bill of particulars must contain
(1) the alleged defects in the complaint or information and
(2) details desired.
Rule 12 on Bill of Particulars applies by analogy to Bill of Particulars as provided in Sec. 9 of Rule 116.
The remedy against an information that fails to allege the time of the commission of the crime with sufficient definiteness is a bill of particulars, not a motion to quash.
It Is Not The Office Of The Bill Of Particulars To:
a. Supply material allegation necessary to the validity of a pleading.
b. Change a cause of action or defense stated in the pleading, or to state a cause of action or defense other than the one stated.
c. Set forth the pleader’s theory of his cause of action or a rule of evidence on which he intends to rely.
d. Furnish evidentiary information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded.
The filing of a motion for bill of particulars suspends the period to file a responsive pleading.
If the motion is granted, the moving party has the remaining period or at least 5 days to file his answer from service of the bill of particulars.
If the motion is denied, he has the same period to file his responsive pleading from receipt of the order denying the motion.
Section 10. Production or inspection of material evidence in possession of prosecution
Right to Modes of Discovery
- Right of the accused to move for the production of material evidence in the possession of the prosecution. It authorizes the defense to inspect, copy or photograph any evidence of the prosecution in its possession after obtaining permission of the court.
The purpose of such right is to prevent surprises to the accused and the suppression or alteration of evidence.
Such right is available even during preliminary investigation when such is necessary to protect the constitutional right to life, liberty, and property of the accused.
Section 11. Suspension of arraignment
Grounds For Suspension
1. There exists a prejudicial question
2. Accused appears to be suffering from an unsound mental condition which renders him unable to understand the charge against him and to plead intelligently thereto.
3. There is a petition for review pending before the DOJ or Office of the President, however, the period of suspension shall not exceed 60 days counted from the filing of the petition for review.
Section 9.
Accused must move for a bill of particulars BEFORE arraignment to enable him to properly plead and prepare for trial, otherwise, it is deemed waived.
The motion for bill of particulars must contain
(1) the alleged defects in the complaint or information and
(2) details desired.
Rule 12 on Bill of Particulars applies by analogy to Bill of Particulars as provided in Sec. 9 of Rule 116.
The remedy against an information that fails to allege the time of the commission of the crime with sufficient definiteness is a bill of particulars, not a motion to quash.
It Is Not The Office Of The Bill Of Particulars To:
a. Supply material allegation necessary to the validity of a pleading.
b. Change a cause of action or defense stated in the pleading, or to state a cause of action or defense other than the one stated.
c. Set forth the pleader’s theory of his cause of action or a rule of evidence on which he intends to rely.
d. Furnish evidentiary information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded.
The filing of a motion for bill of particulars suspends the period to file a responsive pleading.
If the motion is granted, the moving party has the remaining period or at least 5 days to file his answer from service of the bill of particulars.
If the motion is denied, he has the same period to file his responsive pleading from receipt of the order denying the motion.
Section 10. Production or inspection of material evidence in possession of prosecution
Right to Modes of Discovery
- Right of the accused to move for the production of material evidence in the possession of the prosecution. It authorizes the defense to inspect, copy or photograph any evidence of the prosecution in its possession after obtaining permission of the court.
The purpose of such right is to prevent surprises to the accused and the suppression or alteration of evidence.
Such right is available even during preliminary investigation when such is necessary to protect the constitutional right to life, liberty, and property of the accused.
Section 11. Suspension of arraignment
Grounds For Suspension
1. There exists a prejudicial question
2. Accused appears to be suffering from an unsound mental condition which renders him unable to understand the charge against him and to plead intelligently thereto.
3. There is a petition for review pending before the DOJ or Office of the President, however, the period of suspension shall not exceed 60 days counted from the filing of the petition for review.
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