Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch 03, Kalibo, Aklan

AAA,
Plaintiff-Appellant,
Criminal Case No. 02-123456
- versus -

BBB,
Defendant-Appellee,
x-----------------x

MOTION FOR BILL OF PARTICULARS

Defendant, through the undersigned counsel and unto this Honorable Court,
respectfully avers:

1. That the plaintiff's complaint in paragraph 5 alleges:

"From _____ to _______, defendant never paid

anything to herein plaintiff. The check that he
issued as partial payment for the first month also
bounced. x x x"; (underscoring supplied)

2. The said allegation is not averred with sufficient definiteness and

particularity, specifically it does not mention the amount of the check therein
mentioned, its check number, date, and the drawee bank;

3. That a more definite statement on the matters as above-indicated is

necessary in order to enable the defendant to prepare its responsive pleading
because from the very onset of this controversy, the main dispute was on
 what was actually and exactly agreed upon by the parties as the amount of
monthly rentals on the lease of plaintiff's property;

4. However, due to the fact that defendant corporation had to transfer its liaison
offices depending on its project sites, the check stub where the above-
mentioned check came from was probably misplaced and could no longer be
found;

5. That a bill of particulars or a more definite statement as to particulars of the

said check which was allegedly issued by the defendants as partial payment
for the first month would definitely simplify the issues in this case, and
hopefully simplify the negotiations between the parties for an amicable
settlement.

PRAYER

WHEREFORE, defendant most respectfully prays that an order be issued

by this Honorable Court requiring the plaintiff to make more definite statement as
to the particulars of the check mentioned in paragraph 5 of his complaint,
particularly stating its amount, check number, date, and the name of the drawee
bank.

Kalibo, Aklan, Philippines, MONTH DAY, YEAR

ATTY. CHORVA
Counsel for the Defendant
Office Address
PTR No. 8888888; xx/xx/201_; Aklan
IBP OR No: 7654321; xx/xx/201_; Aklan
Roll No.: 98765; xx/xx/201_; Aklan
TIN No. xxx-xxx-xxx-xxx
MCLE No. III 0019263-01-10-1_
 NOTICE OF HEARING

Atty. ABC
Counsel for the Plaintiff
Address

Greetings! Please take notice that the foregoing Motion for Bill of
Particulars shall be submitted for the consideration and approval of the Honorable
Court on ___, __, 2017 at 09:00 AM.

Atty. Chorva

VERIFICATION

REPUBLIC OF THE PHILIPPINES )

CITY OF AKLAN ) S. S.

I, BBB, of legal age, Filipino citizen, married, and resident of

______________________________, after having been duly sworn to in
accordance with law do hereby depose and say:

1. That I am the defendant in the above- entitled case;

2. That I have caused the preparation of the foregoing Motion for New Trial
and have read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of

____, 2017

BBB
 SUBSCRIBED AND SWORN to before me this ___ day of ___ 2017, in the
City of Aklan, affiant exhibiting to me her Drivers License No.: 12345 issued
at LTO, Aklan ____, __, ____.

Atty. Chorva
Notary Public for Aklan
Address
Until December 12, 2017
PTR No. 7777777; xx/xx/201_; Aklan
IBP OR No: 1234567; xx/xx/201_; Aklan
Roll No.: 54321; xx/xx/201_; Aklan
TIN No. xxx-xxx-xxx-xxx
MCLE No. III 0019263-01-10-1_
Series No. of Commission M-123

Doc. No.: ___;

Page No.: ___;
Book No.:___;
Series of 2017

EXPLANATION

Copy of the MOTION FOR BILL OF PARTICULARS was served to

Plaintiffs counsel by registered mail due to time and distance constraints, and for
lack of the undersigneds staff who can serve the same in person.

Atty. Chorva

COPY FURNISHED:

Atty. ABC
Counsel for the Plaintiff
Address