Affiant personally came and appeared with Driver’s License ID No. SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24 th day of October 2013. IN WITNESS WHEREOF, I have signed this affidavit this 24 th day of October 2013 at Puerto Princesa City. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23 rd day of October 2013 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows:Ītty. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Source for information on Bill of Particulars: Wests Encyclopedia of American Law dictionary. I, _, of legal age and having been duly sworn depose and say: BILL OF PARTICULARSA written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on Novemat 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard. WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars of the facts and acts constituting the conclusions alleged in the complaint. The foregoing allegations are conclusions of law, which plaintiff should clarify and flesh them with facts and specific acts to enable defendant-movant to prepare and file a responsive answer thereto which requires information as to precise nature, character, scope and extent of plaintiff’s cause of action. (2) An 'open door' discovery policy does not excuse the prosecutor from providing a bill of particulars, as the discovery may not disclose the prosecution 's actual theory of the. The complaint alleges that defendant public official, together with herein defendant movant, acting singly or collectively, and or in unlawful concert with one another, in flagrante breach of public trust and of sheer fiduciary obligations as public officers with gross and scandalous abuse of right and power and in brazen violation of the Constitution and laws of the Philippines, embarked upon a systematic plan to accumulate ill-gotten wealth. 3d 674, 681-683 - (1) Bills of particulars are not limited to felony cases. 115748.Defendant, by counsel and to this Honorable Court, respectfully states: 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. 7(f) provides, in part, that 'the court may direct the filing of a bill of particulars.' The decision whether to grant or deny a bill of particulars is committed to the sound discretion of the trial court.
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