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  • Motion For Bill of Particular

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    Ervin John Reyes
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    This document is a Motion for Bill of Particulars filed in the Regional Trial Court Branch 22 in Malolos City, Philippines for civil case number 123-2020 regarding recovery of possession. The defendant's counsel is requesting the plaintiff provide a more definite statement regarding the check mentioned in paragraph 5 of the complaint, specifically stating the amount, check number, date, and name of the drawee bank, as the defendant is unable to locate records of the check due to office relocations. A Notice of Hearing is set for December 11, 2020 at 2 PM.

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    This document is a Motion for Bill of Particulars filed in the Regional Trial Court Branch 22 in Malolos City, Philippines for civil case number 123-2020 regarding recovery of possession. The defendant's counsel is requesting the plaintiff provide a more definite statement regarding the check mentioned in paragraph 5 of the complaint, specifically stating the amount, check number, date, and name of the drawee bank, as the defendant is unable to locate records of the check due to office relocations. A Notice of Hearing is set for December 11, 2020 at 2 PM.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    73 views3 pages

    Motion For Bill of Particular

    Uploaded by

    Ervin John Reyes
    This document is a Motion for Bill of Particulars filed in the Regional Trial Court Branch 22 in Malolos City, Philippines for civil case number 123-2020 regarding recovery of possession. The defendant's counsel is requesting the plaintiff provide a more definite statement regarding the check mentioned in paragraph 5 of the complaint, specifically stating the amount, check number, date, and name of the drawee bank, as the defendant is unable to locate records of the check due to office relocations. A Notice of Hearing is set for December 11, 2020 at 2 PM.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    THIRD JUDICIAL REGION


    Regional Trial Court
    Branch 22
    Malolos City

    XXX Cruz, Civil Case No. 123-2020


    Plaintiff FOR: Recovery of Possession

    -versus-

    YYY DELA CRUZ,


    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:

    Since February 2020 to October 2020, defendant never paid anything to


    herein plaintiff. The check  that he issued as partial payment for the  first
    month also bounced. x x x(emphasis ours)

    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

    1
    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
    uncomplicate the negotiations between the parties for an amicable settlement.

    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.

    Malolos City, Bulacan, December 5, 2020.

    Counsel B
    Counsel for the Plaintiff
    MCLE No.
    Roll No.
    IBP No.
    Ptr No.
    Tel. No.
    Office Address

    2
    NOTICE OF HEARING

    Greetings,

    Please submit the foregoing motion for the consideration and approval of
    the Honorable Court on December 11, 2020 at 2:00 P.M.

    Counsel B
    Counsel for the Plaintiff
    MCLE No.
    Roll No.
    IBP No.
    Ptr No.
    Tel. No.
    Office Address

    Copy Furnished:

    EXPLANATION

    Copy of the Motion for Bill of Particulars was served to defendant by


    registered mail due to time and distance constraint, and for lack of the
    undersigned’s staff who can serve the in person.

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