12/17/2023 0 Comments Motion for bill of particulars sample![]() However, we referred her petition to the Court of Appeals for resolution. She filed a petition for certiorari with us. " 4 But finding the questioned Bill of Particulars adequate, the trial court issued an order upholding its sufficiency and directing Joselita to file her responsive pleading. She argued that the "assertion (in the Bill of Particulars) is a statement of legal conclusion made by petitioner’s counsel and not an averment of ‘ultimate facts,’ as required by the Rules of Court, from which such a conclusion may properly be inferred. ![]() Still Joselita was not contented with the Bill of Particulars. at the time of their marriage, respondent (Joselita Salita) was psychologically incapacitated to comply with the essential marital obligations of their marriage in that she was unable to understand and accept the demands made by his profession - that of a newly qualified Doctor of Medicine - upon petitioner’s time and efforts so that she frequently complained of his lack of attention to her even to her mother, whose intervention caused petitioner to lose his job. 3 Subsequently, in his Bill of Particulars, Edwin specified that. Therein it is alleged that "ometime in 1987, petitioner came to realize that respondent was psychologically incapacitated to comply with the essential marital obligations of their marriage, which incapacity existed at the time of the marriage although the same became manifest only thereafter." 2 Dissatisfied with the allegation in the petition, Joselita moved for a bill of particulars which the trial court granted. The petition for annulment was filed before the Regional Trial Court of Quezon City on 7 January 1992. 1 Rather, the issue is the sufficiency of the allegations in the petition for annulment of marriage and the subsequent bill of particulars filed in amplification of the petition. The issue before us however is not the scope nor even the interpretation of Art. Subsequently, Erwin sued for annulment on the ground of Joselita’s psychological incapacity. Yolanda, Quisumbing-Javellana & Associates for private respondent.Įrwin Espinosa, 32, and Joselita Salita, 22, were married at the Roman Catholic Church in Ermita, Manila, on 25 January 1986. ![]() DELILAH MAGTOLIS, in her capacity as Judge of the RTC, Quezon City, Br. The extortion counts, which allege that threatening telephone calls were made to six different women during the same five years, does provide initials for the women, but four of the six victims share the same initial for their last names.HON. This instant indictment alleges a scheme to defraud approximately seventy women in at least nine different states over the course of five years. In considering whether a bill of particulars is appropriate, the court may consider not only the indictment, but also all of the information that has been made available to the defendant. 1978) (bill of particulars not to be used to require prosecution to assemble information in its files into fully integrated trial theory). 1983) (bill of particulars not discovery tool to obtain every detail of government's case) United States v. A bill of particulars “is not intended to provide the defendant with the fruits of the government's investigation,” but rather to give the defendant “only that minimum amount of information necessary to permit the defendant to conduct his own investigation.” United States v. The purpose of a bill of particulars is to inform the defendant of the nature of the charges asserted and to allow the defendant to plead conviction or acquittal as a bar to a subsequent prosecution. A BILL OF PARTICULARS SHOULD BE PROVIDED IN THE INSTANT MATTER.
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