![]() It is not the office of a bill of particulars to supply material allegations necessary to the validity of a pleading, or to change a cause of action or defense stated in the pleading, or to state a cause of action or defense other than the one originally or earlier stated. A general function or purpose of a bill of particulars is to prevent injustice or do justice in the case when that cannot be accomplished without the aid of such a bill. ![]() It has also been stated that it is the function or purpose of a bill of particulars to define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court. It is the office or function, as well as the object or purpose, of a bill of particulars to amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information not contained in the pleading to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied upon by the pleader, and apprise the opposite party of the case which s/he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his/her answering pleading and preparing for trial. "Law on Legal and Court Processes: A Rule-by-Rule Exposition." Published by Project Jurisprudence - Philippines. No.To cite this online book, please use the following:ĭela Peña. The remedy against an indictment that fails to allege the time of the commission of the offense with sufficient definiteness is a motion for a bill of particulars. What is the remedy against an indictment that fails to allege the time of the commission of the offense with sufficient definiteness? ![]() ![]() The procedural device of bill of particulars appears to have reference to informations or criminal complaints filed in a competent court upon which the accused are arraigned and required to plead, and strictly speaking has not application to complaints initiating a preliminary investigation which cannot result in any finding of guilt, but only of probable cause. Is the provision on bill of particulars applicable when the case is still in the prosecutor's office for preliminary investigation? It should specify the alleged defects of the complaint or information and the details desired. What should be contained in the motion for a bill or particulars? The accused must move for a bill of particulars before arraignment otherwise, the right is deemed waived. When can the accused move for a bill of particulars? And inasmuch as in criminal cases not only the liberty but even the life of the accused may be at stake, it is always wise and proper that the accused should be fully apprised of the true charges against them, and thus avoid all and any possible surprise, which might be detrimental to their rights and interests and ambiguous phrases should not, therefore, be permitted in criminal complaints or informations and if any such phrase has been included therein, on motion of the defense, before the commencement of the trial, the court should order either its elimination as surplusage or the filing of the necessary specification, which is but an amendment in mere matters of form. Of course, it is to be expected that the defense will object to any question, which is not based upon the allegations made in the complaint or information but this does not preclude the possibility that immaterial evidence might be admitted, although not supported by such allegations, due to inadvertence on the part of the defense. In criminal cases, any defect in the accusation other than that of lack of jurisdiction over the subject matter may be cured by good and sufficient evidence introduced by the prosecution, and admitted by the trial court, without any objection on the part of the defense, and the accused may be legally convicted of the crime or offense intended to be charged and so established by the evidence. What is the reason for allowing bill of particulars? ![]() To apprise the accused clearly of the charges filed against them, and thus enable them to prepare intelligently whatever defense or defenses they might have. What is the purpose of a bill of particulars? If he does not do so, whatever vagueness there may be in the allegations may be cured by evidence. A defendant in a criminal case who believes or feels that he is not sufficiently informed of the crime with which he is charged and not in a position to defend himself properly and adequately could move for a bill or particulars or specifications. ![]()
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