Thats the ruling of the SC in the case of Mercader vs.

DBP 332 scra 52 pro kung

hinumdumi to ang kaso sa Swagman hotel, that is about the filing of a premature
complaint, but if the complaint filed states no cause of action bec. It is premature or
it was filed prematurely that rule (Sec. 5) will not apply. Bec. In the first place there
is nothing to amend cause there is nothing to cure. Why is it that there is nothing to
cure? Bec. There is no cause of action. So in other words, Sec. 5 will only apply if the
complaint although the complaint does not state a cause of action but there is a
cause of action but it was just omitted in the complaint. It cannot apply when the
complaint states no COA on the ground of prematurity.
RULE 11
Filing of Responsive Pleadings
Take note of the period.
RULE 12
BILL OF PARTICULARS
A bill is a list.
What is the purpose of Bill of Particulars?
Its purpose is to make more particular or definite the ultimate facts in the
pleading. This presupposes the filing of motion for bill of particulars that there is
ambiguous or vague allegations in the pleading (answer or complaint). Whenever
there is ambiguous allegation or a vague allegation the remedy or solution to that
by the adverse party is to file a motion for bill of particulars.
Meaning you asked the court to issue an order directing that party to make
the allegation more specific or more particular. So that the movant (the party filing
that motion) can answer or reply properly.

Ex. In a complaint for annulment of marriage, the plaintiff alleged that

the marriage to the defendant is voidable on the ground of fraud.
There is no allegation on the circumstances as to what makes it
fraudulent. What particular acts committed by the def. that would
constitute fraud. The statement that the def. committed fraud is vague
and how can the def. refute to that allegation that is vague. So, in
order that he can make an intelligent answer so it is necessary that the
complainant would make his/her allegation more particular, more
definite. (that is the function of a bill of particulars)

The purpose is to make the ultimate facts in the pleading more particular and not
the allegation of evidentiary matters.
When should the adverse party file, a motion for bill particulars?
Ans: Before responding to a pleading, so he is filing for a motion of bill of
particulars in order for you to intelligently submit, in order for you to submit or file
an intelligent responsive pleading. It could be an answer or answer to counter-claim
or a reply.