Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Davao City
Branch 6

FRANCISCO RAMON A. TAN,

Plaintiff,
Criminal Case No. 01-975413
For: Bill of Particulars
- versus -

SANDRO VICTOR Y. TOLENTINO,

Defendant.
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 August 3 to December 2013, 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 hat 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.

March 13, 2020, Davao City, Philippines

SANTOALLA and Associates Law Offices

Counsel for the Defendant
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
Tel. Nos.: (082) 282-3662
ssantoalla@yahoo.com

By:

Sgd.
ATTY. STEPHANIE M. SANTOALLA
Notary Public for Davao City, Philippines
IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
 NOTICE OF HEARING

Atty. Ezekiel Razon

Counsel for the Plaintiff
12-26 Matina Pangi, Davao City

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 Friday, January 24, at 10:00 AM or as soon
as counsel and matter may be heard.

ATTY. STEPHANIE M. SANTOALLA

EXPLANATION

The foregoing Motion for a Bill of Particulars is being filed with

this Honorable Court and served on the opposing counsel by
registered mail in view of the impracticability of personal filing and
service due to distance considering that the office of this Honorable
Court is at Quezon City and that of the opposing counsel is at
Mabalacat City, while undersigned counsel holds office in Marikina.

ATTY. STEPHANIE M. SANTOALLA

COPY FURNISHED:

Atty. Ezekiel Razon

Counsel for the Plaintiff
12-26 Matina Pangi, Davao City