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Bill Of Particulars


Section 9.

Rules for Bill of Particulars
   - Accused must move for a bill of particulars BEFORE arraignment
     to enable him to properly plead and prepare for trial, otherwise
     it is deemed waived.

     The motion for bill of particulars must contain (1) the alleged
     defects in the complaint or information and (2) details desired.

     Rule 12 on Bill of Particulars applies by analogy to Bill of
     Particulars as provided in Sec. 9 of Rule 116.

     The remedy against an information that fails to allege the time
     of the commission of the crime with sufficient definiteness is a
     bill of particulars, not a motion to quash.

It Is Not The Office Of The Bill Of Particulars To:
a. Supply material allegation necessary to the validity of a pleading.
b. Change a cause of action or defense stated in the pleading, or to
   state a cause of action or defense other than the one stated.
c. Set forth the pleader’s theory of his cause of action or a rule of
   evidence on which he intends to rely.
d. Furnish evidentiary information whether such information consists
   of evidence which the pleader proposes to introduce or of facts
   which constitute a defense or offset for the other party or which
   will enable the opposite party to establish an affirmative defense
   not yet pleaded.

The filing of a motion for bill of particulars suspends the period to
file a responsive pleading.

If the motion is granted, the moving party has the remaining period
or at least 5 days to file his answer from service of the bill of
particulars.

If the motion is denied, he has the same period to file his responsive
pleading from receipt of the order denying the motion.


Section 10. Production or inspection of material evidence in 
possession of prosecution

Right to Modes of Discovery
   - Right of the accused to move for the production of material
     evidence in the possession of the prosecution. It authorizes the
     defense to inspect, copy or photograph any evidence of the
     prosecution in its possession after obtaining permission of the
     court.

The purpose of such right is to prevent surprises to the accused and
the suppression or alteration of evidence.

Such right is available even during preliminary investigation when
such is necessary to protect the constitutional right to life, liberty
and property of the accused.


Section 11. Suspension of arraignment

Grounds For Suspension
1. There exists a prejudicial question
2. Accused appears to be suffering from an unsound mental condition
   which renders him unable to understand the charge against him
   and to plead intelligently thereto.
3. There is a petition for review pending before the DOJ or Office of
   the President, however the period of suspension shall not exceed 60
   days counted from the filing of the petition for review.














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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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