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(Motion for Bill of Particulars)

(CAPTION)- alam nyo na to guys. Republic of the Philippines shalalala..


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 2003, 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 uncomplicate 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.
_____________, Philippines, __Date__.
(COUNSEL)- name, ibp, roll number, mcle compliance,address, contact number, signature. Alam nyo na
to tignan nyo na lang sample ng complaint.
(NOTICE OF HEARING)
(EXPLANATION) see samples of complaint and anwer
COPY FURNISHED: see samples of complaint and anwer
OPPOSING COUNSEL see samples of complaint and anwer

(Motion to Declare Defendant in Default)


(CAPTION)
MOTION
(TO DECLARE DEFENDANT IN DEFAULT)
Plaintiff, by counsel and unto this Honorable Court, respectfully states
1.The records of the Honorable Court show that Defendant was served with copy of the summons
and of the complaint, together with annexes thereto on _____________;
2.Upon verification however, the records show that Defendant _____________ has failed to file his
Answer within the reglementary period specified by the Rules of Court despite the service of the
summons and the complaint;
3.As such, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the
Rules ofCourt and that the Honorable Court proceed to render judgment as the complaint may warrant.

PR AYE R
WHEREFORE, it is respectfully prayed that Defendant _____________ be declared in default pursuant
to the Rulesof Court and that the Honorable Court proceed to render judgment as the complaint may
warrant.
Other relief just and equitable are likewise prayed for.
_____________, Philippines, __Date__.
(COUNSEL)
(NOTICE OF HEARING)

(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL

(Motion to Declare Defendant in Default)


(CAPTION)
MOTION
(TO DECLARE DEFENDANT IN DEFAULT)
Plaintiff, by counsel and unto this Honorable Court, respectfully states
1.The records of the Honorable Court show that Defendant was served with copy of the summons
and of the complaint, together with annexes thereto on _____________;
2.Upon verification however, the records show that Defendant _____________ has failed to file his
Answer within the reglementary period specified by the Rules of Court despite the service of the
summons and the complaint;
3.As such, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the
Rules ofCourt and that the Honorable Court proceed to render judgment as the complaint may warrant.

PR AYE R
WHEREFORE, it is respectfully prayed that Defendant _____________ be declared in default pursuant
to the Rulesof Court and that the Honorable Court proceed to render judgment as the complaint may
warrant.
Other relief just and equitable are likewise prayed for.
_____________, Philippines, __Date__.
(COUNSEL)
(NOTICE OF HEARING)

(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL

(Motion to Dismiss)
(CAPTION)
MOTION TO DISMISS
COMES NOW the Respondent, _____________ Inc., through the undersigned counsel, appearing
especially and solely for this purpose, and to this Honorable Court, most respectfully moves for the
dismissal of the Complaint on the following ground that THE HONORABLE COURT HAS NOT
ACQUIRED JURISDICTION OVER THE PERSON OF THE DEFENDING PARTY.
DISCUSSION
A cursory reading of the Summons and Return of Service would readily show that the copies of the
Summons dated 08 May 2001 and the Complaint and its corresponding annexes were allegedly delivered
and tendered upon the Movant _____________ INC. through a certain Maria Clara alleged to be the
authorized personnel of Movant _____________ INC., Bacolod City on 29 August 2001. Copies of the
said Summons and Return of Service that form part of the records on the case are hereto pleaded as
integral part of this Motion;

Said service of Summons, however, constitutes an improper service of summons amounting to lack of
jurisdiction over the person of the herein Movant Corporation _____________ INC. since the summons
was improperly served upon a person who is not one of those persons named or enumerated in Section 11,
Rule 14 of the 1997 Rules of Civil Procedure upon whom service of summons shall be made;
The material provision on the service of summons provided for in Section 11 of Rule 14 of the 1997
Rules of Civil Procedure reads as follows:
"Section 11. Service upon domestic private juridical entity.- When the defendant is a corporation,
partnership or association organized under the laws of the Philippines with a juridical personality, service

may be made on the president, managing partner, general manager, corporate secretary, treasurer, or inhouse counsel" (underscoring ours)
It bears no further emphasis that the service of the summons was done on a person who is not included in
the exclusive enumeration provided for under the said Section, as service was done only on an alleged
authorized personnel of the Movant Corporation;
This new revision of the Rules of Court for the service of summon is a clear departure from the old rule as
stated in Section 13, Rule 14 of the Rules of Court which provided that:
"SECTION 13.Service upon private domestic corporation or partnership. - If the defendant is a
corporation organized under the laws of the Philippines or a partnership duly registered, service may be
made on the president, manager, secretary, cashier, agent, or any of its directors."
It must be equally noted that the changes in the new rules are substantial and not just general semantics as
the new rules restricted the service of summons on persons clearly enumerated therein. In effect, the new
provision makes it more specific and clear such that in the case of the word "manager", it was made more
precise and changed to "general manager", "secretary" to "corporate secretary", and excluding therefrom
agent and director;
The designation of persons or officers who are authorized to accept summons for a domestic corporation
or partnership is under the new rules, limited and more clearly specified, departure from which is fatal to
the validity of the service of the summons and resulting in the failure of the court to acquire jurisdiction
over the person of the respondent corporation.
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant Corporation be
dismissed for lack of jurisdiction over the person of the defendant.
Other reliefs just and equitable are likewise prayed for.
_____________, Philippines, __Date__.
(COUNSEL)

(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL